logo-full-white

Author: Ben Mott

National phase translation requirements to be simplified & clarified

Australia patent translation requirements

On 25 September 2019 amendments to Australia’s patent regulations will take effect to simplify and clarify the requirements for translations when entering the national phase in Australia.

At present, if an international patent (PCT) application is not in English, a verified translation of the specification must be filed by the 31-month deadline. The current regulations are not entirely clear, although it is routine to proceed with:

  • a verified English translation of the specification as amended during the international phase; OR
  • separate verified English translations of the specification as filed and of any amendments filed during the international phase; OR
  • a verified English translation of the specification as filed (in which case the amendments during the international phase will be disregarded although corresponding amendments could be made to the Australian national phase application).

A verified translation is a translation accompanied by signed certificate confirming that the translation is a true and complete translation. The Australian Patent Examiner’s Manual includes a sample certificate.

From 25 September 2019, certificates of verification will not be required to enter the national phase:

  • a simple translation “of the specification of the PCT application as filed (with or without any rectifications under Rule 91 of the PCT)” will suffice; although
  • translations of any amendments filed during the international phase should also be filed if those amendments are to be taken into account in Australia.

The Australian Patent Office (APO) will have power to call for a certificate of verification, although:

  • we anticipate that this power will be used sparingly, most likely only when APO examiners have reason to suspect that a translation is inaccurate; and
  • such a call could be met with a corrected translation accompanied by a certificate of verification.

 

Further reading

Be.Bendigo Invention + Innovation Awards – Prizes and Deadlines

Ben Mott, patent attorney and mechanical engineer, is again judging the Be.Bendigo Invention + Innovation Awards. Wadeson is proud to be a Partner of the Bendigo Invention + Innovation Festival 2019.

Entries are now open and close on Monday, 15 July 2019, and the panel of judges will give feedback on all applications.  Shortlisted entries can attend a 4 day La Trobe Accelerator Program bootcamp program.

Bendigo Invention and Innovation Festival 2018

The Bootcamp provides intensive training and coaching on website design, entrepreneurial marketing, value proposition, business model canvas, sustainability, pricing, social entrepreneurship, global success, wellness, IT platforms and pitching. It also includes an opportunity to pitch for a place on the 12 week La Trobe Accelerator Program and up to $10,000 in non-equity seed funding.

The Be.Bendigo Invention + Innovation Awards and a pitch event will be held on Tuesday, 3 September 2019. Prizes up to $2,500 will be awarded across the categories of Youth, Environmental Sustainability, Health, and Open. The overall winner prize is $5,000 and direct access to the 12 week La Trobe Acclerator Program – Advanced Stream.

Established in 2010, the awards have given away over $100,000 in prizes and seen many entries go on to global success.

David Hughes, Project Director

Bendigo boasts a thriving manufacturing sector including key players in mining and industrial casting, rubber manufacturing and military vehicles. The Bendigo Invention + Innovation Festival is an initiative of Bendigo’s peak industry body, Be.Bendigo.

We look forward to seeing you at the Awards!

 

Patent attorney judging at the Bendigo Invention + Innovation Festival 2019

We are proud supporters of Bendigo and are pleased to be part the Bendigo Invention + Innovation Festival 2019 (BIIF).

Bendigo is Victoria’s fourth largest city and boasts a thriving manufacturing sector including key players in mining & industrial casting, rubber manufacturing and military vehicles.

The BIIF is an initiative of Bendigo’s peak industry body, Be.Bendigo. Festival Director David Hughes explains:

Our vision is that Bendigo is internationally regarded as an innovation hotspot that quickly identifies and offers solutions to issues with a social impact. A place where problems are shared, ideas are freely discussed and solutions are collaborated on. There is a strong entrepreneurial culture that is supported by local government policy, infrastructure, access to funding and networking opportunities. Ideas are supported to commercialisation through a strong talent pool and access to capital.

This year our Ben Mott is proud to be one of the judges. We look forward to seeing you there.

 

Further reading

Patent attorney takes another swing for charity

We are again proudly supporting the City of Greater Dandenong’s ‘Take a Swing for Charity‘ golf day.

The City of Greater Dandenong through its business networking unit SEBN (South East Business Networks), together with key corporate sponsors, holds an annual afternoon of golf followed by dinner and a charity auction to raise funds for local beneficiaries. Over the past decade, the event has raised over $350,000 in support of local charities.

This year’s charity recipients are AvoCareCornerstone and We Care, who will work collaboratively to support the community.

Related reading

The end is nigh for innovation patents

The end is nigh for innovation patents – 30 November 2017

The Australian innovation patent is an 8 year patent for which there is no inventive step requirement. Routine technical developments can be validly covered (more).

In August 2015 we published ‘The death knell for the Australian innovation patent?‘. Since then the anti-innovation-patent sentiment has continued to mount. Almost certainly, innovation patents will be phased out in the coming years.

IP Australia (aka the Australian Patent Office) has released draft legislation for phasing out the innovation patent (see here).  The draft legislation protects:

  • the rights of those who hold innovation patents; and
  • the rights of those who have the right to file for an innovation patent based on a patent application filed prior to the commencement date of relevant provisions.

It appears likely that:

  • divisional innovation patents can be filed for years to come; although
  • no ‘new’ innovation patent can be filed after about July 2019; and
  • the last innovation patent will likely expire by about July 2027.

Submissions on the draft legislation can be made up until 4 December 2017. Then the legislation will be presented to Parliament and may well be passed during Parliament’s winter sitting in late June 2018. If so, the legislation will likely receive Royal Assent in early July 2018.

According to the draft legislation, the relevant provisions will commence 12 months after Royal Assent – i.e., the commencement date will likely be about July 2019. Those provisions will require:

  • innovation patents to have a patent date prior to the commencement date; and
  • each claim of an innovation patent to have a priority date prior to the commencement date.

A patent’s date is typically the earliest of its filing date and the filing date of its earliest divisional predecessor (e.g. filing an international patent application (PCT) can establish the patent date of a subsequent innovation patent). An innovation patent’s 8 year term is calculated from its patent date.

Innovation patents are an important part of the Australian patent landscape and will remain so for years to come. They are being phased out in part because they are too pro-patentee. Until they are gone, patentees should use the innovation patent system to its fullest. It may well be prudent to ensure that suitable applications are filed prior to the commencement date to at least preserve the option of filing for innovation patents in the years to come.

Meet with us at AIPPI Sydney!

Meet with us at AIPPI Sydney!

We are attending the AIPPI World Congress in Sydney, 13-17 October 2017, and would be very pleased to meet you there.

If you are attending, kindly send us an email with times you may be available, or if you prefer, follow this link to schedule a time online.

We are staying at the brand new Sofitel Darling Harbour, between the International Convention Centre Sydney and the Novotel. We can also meet you at the ICC Sydney hospitality suites, the Novotel or somewhere else.

We look forward to meeting you soon in Sydney!

Belinda Wadeson, Ben Mott and Nigel Pereira

Hotel map for AIPPI Sydney

Hotel Map for AIPPI Sydney!

Meet with us at AIPPI World Congress in Sydney, 13-17 October, 2017.

If you are attending, kindly send us an email with times you may be available, or if you prefer, follow this link to schedule a time online.

We are staying at the brand new Sofitel Darling Harbour – let us know where you would like to meet!

Click here to see conference hotels on Google Maps. If you would like your hotel added, just let us know!

Belinda Wadeson, Ben Mott and Nigel Pereira

Not many 10 year olds are inventing medical devices…

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. Bridgette Veneris is no ordinary 10 year old. Bridgette is the inspiration for the ABC’s headline Melbourne girl NASA-bound after creating bandage dispenser while undergoing chemotherapy.

Whilst battling leukaemia, Bridgette has had hundreds needles to draw blood samples and to inject an assortment of drugs. Each time the site of the injection is suitably dressed, typically with an adhesive bandage such as those sold under the BAND-AID trade mark.

To most of us, applying an adhesive bandages is pretty mundane. We’ve all torn open the little paper envelope, peeled back the backing strips, applied the bandage and then retrieved and disposed of the waste envelope and backing strips.

Whilst to most of us applying a bandage is mundane, Bridgette has noticed that it actually takes a lot of time. Indeed Bridgette has noticed that there are medical professionals out there charged with helping Bridgette and others like her, who end up spending a significant proportion of their days fiddling with envelopes and backing strips, etc.

Bridgette has not only noticed but has done something about it … and the bandage dispenser is born. Bridgette’s dispenser promises to reduce the time it takes to apply a bandage to give the medical professionals some of their time back and to make things just a little easier for the rest of us. We can’t reveal the details of the dispenser just yet, but we can tell you that it is exciting. Watch this space.

We are proud to support Bridgette in guarding her dispenser against imitators. A patent application is in train and we are privileged to be a part of the team bringing this great idea to fruition.

Patent attorney takes (another) swing for charity

Patent attorney takes a swing for charity – 27 February 2017

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

Every year the City of Greater Dandenong organises a golf day for those heading up the region’s manufacturers and other businesses to get together. The day is not just a lot of fun. It builds and cements relationships between local companies whilst raising money for worthy charities.

This year’s charity was the Mirabel Foundation. Mirabel is an Australian children’s charity dedicated to breaking the destructive cycle of addiction. They focus on children who have been abandoned due to their parents’ illicit drug use and are now in the care of extended family. It is sad that there is a need for such an organisation to exist, but there is and it does and we are thankful for it.

Related reading