Recent publications

Congratulations Nigel Pereira - 9 June 2017

Nigel Pereira has joined WADESON as our newest Principal.

Not many 10 year olds are inventing medical devices - 19 April 2017

Not many 10 year olds are inventing medical devices, much less attracting international attention for it.

Patent attorney takes (another) swing for charity - 27 February 2017

We are proud supporters the City of Greater Dandenong’s industry golf day, “Take a Swing for Charity”.

An innovative approach to Australian patent protection - 9 February 2017

Innovation (8 year) patents can have an important role to play in any Australian patent filing strategy.

Australia and New Zealand are now using the 11th Edition of the Nice Classification for Trade Marks - 3 January 2017

The 11th edition of the International Classification of Goods and Services (Nice Classification) came into force in Australia and New Zealand on 1 January 2017.

Wadeson holiday closure period - 6 December 2016

Our offices will be closed for the Christmas holiday season, starting Friday, 23 December 2016 and re-opening on Tuesday, 3 January 2017.

Australian Trade Marks Attorney not always required - 17 October 2016

Australia just became less expensive for foreign applicants to designate in an international registration under the Madrid Protocol, and sometimes you won't even need an Australian attorney to deal with any provisional refusal.

Australian design registration to a mechanical product succeeds - 29 September 2016

In a recent decision of the Federal Court, an Australian company successfully enforced its Australian design registration against a competitor importing and selling a similar product.

More good news on Australian Patent Office fees - 23 September 2016

An ITS has always been a good value option, and recent correspondence from IP Australia suggests that its effective cost continues to fall.

IP Australia makes high-quality, low-cost patent searching available to all - 6 September 2016

An Australian Patent Office search is a cost-effective option for non-Australians.

Changes in Australian patent fees - 2 September 2016

IP Australia (Australia's Patent Office) has recently confirmed that new patent fees will be applicable as of 10 October 2016.

R&D tax incentives checklist - 9 August 2016

The ATO has issued a new checklist to help guide businesses on whether they are eligible for a research and development tax incentive.

The interpretation of omnibus claims under Australian law - 8 July 2016

Despite changes in Australian law, many patents remaining in force have omnibus claims so their interpretation remains of interest.

A patent specification is NOT a sales document - 14 June 2016

Under Australian law, it is important to avoid 'over promising' lest a patent application be held invalid.

The best value for money patent in the world? - 30 May 2016

On any measure, the Australian innovation patent is excellent value.

Software that's plainly unpatentable - 20 May 2016

Australia’s High Court has refused an appeal in respect of a Full Federal Court decision regarding computer implemented business methods.

Four simple steps to avoid costly branding mistakes - 22 April 2016

The costs of these simple steps would likely pale into insignificance compared to other aspects of your investment in your brand, and could avoid a potentially crippling legal dispute.

What do you have to do to get a patent? - 11 April 2016

It can take a few years from your first patent application to a granted patent, but you don’t need to wait all of that time to start making, selling and/or using your invention.

Australian mining patent application not the best - 1 April 2016

A recent decision of the  Federal Court of Australia provides guidance on the Australian best method (best mode) requirements in the context of a mechanical invention.

Lighting patent shines - 30 March 2016

A recent decision of the Full Federal Court illustrates the importance of patent claim wording.

File wrapper estoppel in Australia? - 22 March 2016

A recent decision of the Full Federal Court illustrates the extent to which the examination history of an Australian patent is relevant to the interpretation of the patent.

The Australian Patent Office on computer implemented inventions - 3 March 2016

The Australian Patent Office (APO) has updated its examination manual in connection with computer implemented inventions.

Construction materials patent application collapses - 26 February 2016

A recent Australian Patent Office decision demonstrates what happens if the person applying for the patent does not comply with the contract.

Australian patent disclosure and support requirements - 11 February 2016

We now have an Australian Patent Office decision providing guidance on Australia's new disclosure and support requirements.

Australian patent disclosure requirements (sufficency) - 11 February 2016

A recent Australian Patent Office decision confirms an enabling disclosure of all the things that fall within the scope of the claims is required under Australia's new law.

Australian patent support requirements - 11 February 2016

A recent Australian Patent Office decision suggests that Australian patent claims must be supported by the technical contribution to the art.

Patent attorney takes a swing for charity - 2 February 2016

We are again proudly supporting the South East Business Networks' Take a Swing for Charity golf day. Funds raised will go to the State Schools' Relief fund.

Engineering patent law 101 - 2 February 2016

A recent decision of the Full Federal Court provides a tutorial on oft-debated aspects of Australian patent law pertinent to engineering inventions.

Australian patent claim interpretation - the preamble - 2 February 2016

Under Australian law, the preamble to a patent claim is limiting.

Should 'between' ever appear in a patent claim? - 2 February 2016

'Between' is a word to be wary of when drafting patent claims.

Australian Court adopts a non-literal patent claim interpretation - 2 February 2016

The Full Federal Court recently considered two patents that were exceptional in that a non-literal interpretation of the patent claims was called for.

A stepwise approach to the innovative step assessment - 2 February 2016

A recent decision of the Full Federal Court set out the correct approach to the assessment of innovative step.

Australian computer implemented invention crashes - 21 December 2015

Australian appellant Courts provide guidance on patent-eligibility if computer implemented business methods and software therefor.

Australian patent examination timelines - 11 December 2015

Australian patent examination timelines are technology dependent.

Patent grace periods to be adopted by Pacific nations - 24 November 2015

The Trans-Pacific Partnership Agreement may well see nine further countries implement grace periods.

New Zealand patent applications to be safe from post-acceptance lack of unity attack - 19 November 2015

A Bill is now before the New Zealand Parliament to exclude lack of unity as a ground of post-acceptance opposition.

Are Australian design registrations cost-efficient? - 16 October 2015

A recent decision  of the Australian Designs Office demonstrates just how limited design protection can be.

Ten things that set the Australian patent system apart from the US patent system - 13 October 2015

Ten things that set the Australian patent system apart from the US patent system.

Seven simple things for US patent attorneys to know about Australia - 12 October 2015

Australia's strong economic performance in conjunction with political and legal stability provides an attractive, safe and low-risk environment in which to do business.

What drives innovation? - 12 October 2015

What makes one country or organisation more innovative than another? What enables a culture of innovation?

Is there a business case for patent protection? - 22 September 2015

The costs and benefits of pursuing patent protection should be weighed up on a case by case basis.

Inventive step clarified by the High Court of Australia - 4 September 2015

Earlier authority as to the core inventive step test is affirmed, and previously unanswered questions regarding other aspects of the test have been addressed.

Mechanical invention withstands opposition - 3 September 2015

A recent decision provides a succinct summary of various aspects of Australian patent law applicable to mechanical inventions.

Australian software patentability still a lottery - 20 August 2015

The patentability of inventions characterised by computer implementation remains uncertain under Australian law.

Unjustified threats of Australian patent infringement - 20 August 2015

Unjustified threats of Australian patent infringement can lead to an award of damages. So what is and isn’t a threat?

The death knell for the Australian innovation patent? - 20 August 2015

Recent economic analysis has concluded that the innovation patent system does not stimulate innovation as intended.

Production line patent goes down - 1 July 2015

Production lines and production processes may form the basis of valuable patent protection, even if the resulting products are not themselves patentable.

'For' means 'suitable for' - 15 May 2015

Under Australian patent law, 'for' has been construed to mean 'suitable for'.

Are Intellectual Property myths costing you money? - 1 May 2015

Important business decisions are often based on myths and misunderstanding. So let’s dispel some common myths.

Novelty and infringement by intended use - 30 October 2014

If you intend a claim to be limited to a specific intent, make that explicit in terms clearly beyond mere differences in the mind.

Australian patent claims held to be clear ... again - 2 October 2014

Appellant Court’s decision continues the Australian tradition of refusing to hold claims invalid for lack of clarity.

Lack of unity is a ground of opposition in New Zealand - 26 September 2014

During New Zealand opposition proceedings, patent applicants are at risk of learning that their application is directed to multiple inventions, and then being forced to choose one of the inventions such that rights in the other inventions are lost.

Can you be sure of your New Zealand patent filing date? - 26 September 2014

Like any new legislation, some aspects of the new provisions in the New Zealand Patents Act 2013 may have unintended consequences. 

Patentee wins through - 24 September 2014

Simple mechanical inventions can form the basis of valuable patent protection, but claim wording and clarity are important.

Are Tasmanians giving away valuable intellectual property rights? - 22 September 2014

Is Tasmania under-represented in patent and trade mark filing statistics?

Can I patent my app? - 15 September 2014

Can and should you patent your app? How do you know if your new app is patentable?

Beware of the backyard patent attorney - 28 August 2014

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur" - Red Adair

3D printing presents new challenges to patent owners - 26 August 2014

3D printing leaves today’s patent owners in a similar position to music copyright owners in the 1990s and also presents additional challenges.

Do you have a business plan? - 18 August 2014

A business plan is an important step towards successfully investing in patent, design and/or trade mark protection.

An update on Australian Patent Office delays - 11 August 2014

The timeline for patent examination in Australia is currently in a state of flux, although the Patent Office expects a return to normality in early 2015.

Design registration - why it matters - 22 July 2014

The design registration system protects the appearance of new products.

Trade mark registrations and why they matter - 15 July 2014

Trade mark registration can be used to stop others using deceptively similar trade marks to draw away your customers.

Patents and why they matter - 8 July 2014

Unless you have patent protection, others may be free to copy your new products and processes.

Avoiding the pitfalls of intellectual property - 2 July 2014

Navigating others’ intellectual property (IP) rights is a challenge faced by all businesses. So many business activities potentially infringe others’ rights that it can be hard to know where to start.

Innovation: Getting ready for the future - 1 July 2014

Innovating in the mining industry, by improving efficiency, developing new processes or in other ways, is an important way of achieving reduced costs.

Raising the Innovative Step - 27 June 2014

Reviewing the Advisory Council on Intellectual Property's (ACIP) final report on the Innovation Patent System.

Intellectual property for small business - 24 June 2014

This is the first in a series of articles on the topic of intellectual property for small business.

Obvious inventions patentable: the Australian Innovation Patent - 15 June 2014

Used strategically, innovation patents provide an extremely powerful right.

Australian Trade Mark Opposition Extensions of Time: A Review - 6 June 2014

A review of a decision issued by IP Australia relating to extensions of time in Australian Trade Mark Oppositions.

Ten questions to help you choose a patent attorney - 27 May 2014

The right attorney will have experience relevant to your products and/or processes, significant experience in patent law, a commercial outlook that suits your business, and a personal style that works for you.

Funding for patent, design and trade mark protection - 22 May 2014

Government grants, such as small business grants and export market development grants (EMDGs), R&D tax incentives, venture capitalists and crowdsourcing are there to assist.

Why extend your clients' IP rights into Australia? - 2 May 2014

Australian PCT national phase and convention applications and Madrid applications designating Australia are good value options for many applicants.

Australian Technologies Competition - Entries Close 6th May 2014 - 2 May 2014

Australian Technologies Competition for SMEs with intellectual property relating to efficiency improvements closes on 6th May 2014.

INTA 136th Annual Meeting, Hong Kong, 10-14 May 2014 - 1 May 2014

Attorneys from WADESON will be attending the International Trade Mark Association's 136th Annual Meeting in May 2014.

Australian Patent Opposition Extensions of Time: A Review - 24 April 2014

A review of cases issues by IP Australia relating to extensions of time in Australian Patent Oppositions.

Further guidance on Australian and New Zealand software patentability - 17 April 2014

The Australian software patentability requirements are more permissive than equivalent requirements under New Zealand’s soon to be implemented Patents Act.

Are simple mechanical inventions patentable? - 17 April 2014

To patent or not to patent is an important decision that should not be based on assumptions about what’s patentable.

Is your business innovative? - 1 April 2014

According to many CEOs, the answer will be 'yes'. If those good intentions result in innovation, how can those innovations be maximised?

Fixed pricing for patent and trade mark attorney services causes problems - 28 March 2014

Instead we provide practical guidance on expected costs both in relation to the immediate costs and the costs for future and ongoing actions.

Product importation and Australian patent system - 1 February 2014

Australian patent law differs significantly from the laws of other countries, which may have important ramifications for your business.

The Global Patent Prosecution Highway for Australians - 6 January 2014

Whilst the Global Patent Prosecution Highway may allow you to speed up the patent application process, it will often be better to take a slower road.

Trade mark piracy and hostage taking - 2 December 2013

Trade Mark piracy (counterfeiting) is the unauthorised use of a trade mark. Trade mark hostage-taking is registering another’s trade mark then demanding a ransom.

Concurrent Australian & New Zealand patent examination - 1 November 2013

Australia and New Zealand are one step closer to a single patent application and examination process.

Invalidating secret commercial use or permissible secret experimental use? - 22 October 2013

Under Australian law, secret experimental use of an invention before the priority date is permissible and a 12 month grace period excuses secret commercial use.

Software patent-eligibility under Australian law - 15 October 2013

Recent dicta clarify the patent-eligibility of software, and broaden the range of software that may be considered patentable, under Australian law.

How to minimise patent costs - 2 October 2013

Seven simple steps to minimise the costs of pursuing patent protection in Australia and internationally.

Strategic implications of changes in Australian Patent Office delays - 17 September 2013

The Australian Patent Office has an extraordinary backlog of patent applications to examine and has recently provided an update of the expected examination timeframes.

Before you share your idea with the world - 17 September 2013

Unfortunately rights can be lost and others’ rights infringed when an idea is shared. A little time and good advice before proceeding can save a lot of heartache.

Practical guidance on Australian software patentability - 16 September 2013

The patentability of computer-implemented inventions under Australian law has been clarified by two recent Federal Court decisions, providing comparable examples of what is and is not patentable. 

Construing the (almost) un-construable - 16 September 2013

Recent authority continues the Australian tradition of refusing to hold claims invalid for lack of clarity.

Using the patent system to gain an unfair advantage - September 2013

It has been proved that innovation patents are more powerful than previously thought - potentially expanding patent protection.

Clearance searching and FTO opinions: look before you leap - 21 August 2013

Your business may infringe others’ intellectual property (IP) rights despite proceeding with only the best intentions.

Staying ahead of the game: IP surveillance - 7 June 2013

While you are sure you have the next greatest idea ready to be produced, someone may have already beat you to it. That’s where patent databases come in.

Design patent: Register it to avoid a dispute! - 1 June 2013

Without appropriate intellectual property protection, your competitors may be well within their rights to copy your new products.

Guarding against imitators - 27 November 2012

Imitation may be the sincerest form of flattery but generally hurts the bottom line.

What do patents, designs and trade marks cost? - 24 August 2012

Just like any other asset purchase, a business plan is important before investing in IP protection.

Stopping copycats - protecting innovation from imitation - 20 February 2012

Innovation in Australian manufacturing is often left open to copying when it shouldn’t be.

Protecting the function of new products and processes - 8 August 2011

Patents can be used to stop others copying important functional details of your new products and processes.

Protecting the appearance of your new products - 1 May 2011

Design registration can be used to stop others copying the appearance of your new product.

Experts in intellectual property law. Melbourne based. Global reach. WADESON