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Category: Intellectual Property News

Abolition of the Australian innovation patent

The abolition of the Australian innovation patent will likely be confirmed in late 2019.

The Australian innovation patent is an 8 year patent intended to protect lower level inventions that do not qualify for 20 year patents. There have long been criticisms that innovation patents are too easy to get and can validly cover too much.

After much discussion and a few false starts (see e.g. here), a bill[1] to abolish the innovation patent was introduced to Parliament 25 July 2019 and was today referred to the Senate Economics Legislation Committee. The committee is due to report 4 September 2019. The progress of the bill can be tracked here.

There is a good chance that the bill will pass. Even so, innovation patents will not immediately disappear. The bill provides for an orderly phase-out that protects existing rights holders (in line with draft legislation discussed here). The timing will depend on when the bill passes and receives royal assent, although it seems likely that the last innovation patents:

  • will be linked back to an initial patent application filed by about late 2020; and
  • will expire by about late 2028.

Accordingly:

  • it may well be prudent to modify patent filing strategies as late 2020 draws near; and
  • innovations will no doubt remain controversial features of the Australian patent landscape for years to come.

 

 

[1] the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019

AIPPI 2019 in London – Come ride with me!

AIPPI 2019 London Tour invitation

 

13 September – Countryside Cruise

Long Wal;k Windsor CastleAll day ride – Friday

(Two days before AIPPI 2019)

This will be a fun day to see the countryside rather than just crank out kilometers.

The route is still to be confirmed and suggestions are welcome.

The current plan is:

  • the Deer Park – Richmond Park loop;
  • meeting at 7.30 am (for 8.00 am start) at On Your Bike (The Vaults, Montague Close, London Bridge, London, SE1 9DA); for a total of
  • about 120 km including the additional distance to and from the bike shop.

I have hired a bike and am told:

  • Deluxe means TREK with aluminium frame, carbon fork and 105 groupset; and
  • Super Deluxe means TREK with full carbon and Ultegra.

Electric bikes are available from the same shop.

Suggested jersey for the day.

 

14 SEPTEMBER – GUIDED CITY SIGHTSEEING

These rides suit all abilities. Easy rides to explore London before the business of AIPPI 2019 begins.

Bukinham PalaceMorning ride – Saturday

(The day before AIPPI 2019)

Grand London Bike Tour

Meeting point is the entrance to the Train Platform Numbers 1&2 inside Waterloo train station. Waterloo Station is ABOVE the underground station.

 

10.15 am for 10.30 am departure. 3.5 hour ride with no climbs, rated ‘easy’.

Sights include

  • London Eye
  • Big Ben
  • Houses of Parliament
  • Westminster Abbey
  • Buckingham Palace
  • Changing of the Guard
  • Horse Guards’ Parade
  • Cycle over the River Thames twice
  • Trafalgar Square
  • Benjamin Franklin’s Residence
  • Banksy’s legal street art tunnel
  • Statue to Hodge & Casper the cats
  • Covent Garden
  • St. Paul’s Cathedral

 

Tower Bridge LondonAfternoon ride – Saturday

(The day before AIPPI 2019)

Secret London Bike Tour

Meeting point is the entrance to the Train Platform Numbers 1&2 inside Waterloo train station. Waterloo Station is ABOVE the underground station.

 

2.45 pm for 3.00 pm departure. 3.5 hour ride with no climbs, rated ‘moderate’.

Sights Include

  • Tower Bridge
  • Tower of London
  • Diagon Alley & Leaky Cauldron from Harry Potter film
  • Cycle alongside a Hidden Canal
  • Shakespeare’s Globe Theatre
  • World Famous Street Art
  • Bike over the Thames on two occasions
  • Bank of England
  • A Central London Marina
  • Brick Lane
  • The Double Decker Bus’ ‘Leap of Faith’!
  • Bell Foundry of Liberty Bell infamy!
  • Old London Docks

I hope to see you there. Please drop me a line to let me know you’re coming.

Other rides

Costs plummet to get a trade mark in Canada and Brazil

Get a trade mark in Canada and Brazil photo of flags mountains

CANADA

Costs to get a trade mark in Canada recently plummeted. We also expect the time taken to registration of a trade mark in Canada for Australian early stage exporters to fall. New laws changed the requirements for registration, and also permit trade mark registration via the same system used to apply for protection in many other countries.

Canada’s new trade mark laws allowed it to join the Madrid Protocol International Registration system. Making a single application covering many countries is far cheaper than an application per country.

This change to trade marks in Canada has been much anticipated, but long delayed.

We expect savings of thousands of dollars per Canadian trade mark application. Most applications will no longer need help from a Canadian attorney.  Even for more complex cases, the new laws avoid expensive requirements under the old laws.

For example, making a Declaration of Use of the trade mark in Canada is no longer essential for registration. This avoids paying for years of extra time to start using the trade mark in Canada.

BRAZIL

Brazil also joins the Madrid Protocol International Registration system, on 2 October 2019. Costs will be significantly reduced. We also expect much faster processing of trade mark applications.

The international registration system allows the examiner in each country only 18 months to object to a trade mark application. This has noticeably improved time frames for many countries.

To discuss trade mark protection in Canada, Brazil or elsewhere please contact us at any time.  Our expert trade mark attorneys have many years experience assisting clients to protect their trade mark rights internationally.

Further reading

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

Wadeson turns 10!

Many thanks to our wonderful clients and business partners

 

 

Many thanks to our wonderful clients and business partners for supporting us over the past 10 years.

Wadeson started with one woman and a vision of a vibrant, modern attorney firm providing inspired advice and outstanding service.

From one woman and a vision in 2009, we have grown to a staff of seven with a collective 140 years’ experience in Australian intellectual property. We remain proudly independent and 100% committed to our clients and our original vision.

Efficient workflows, robust business systems, experienced professionals and a fabulous business culture allow us to provide unparalleled responsiveness. We make Australian IP easy for our local clients and foreign instructors. Our professionals are pragmatic lateral thinkers who love nothing more than to craft a bespoke patent strategy when you need your Australian IP to perform.

 

Further reading

Meet with us at INTA Boston!

I would be very pleased to meet you at the 141st INTA Annual Meeting in Boston,
18 to 22 May 2019.

If you are attending, kindly send us an email with times you may be available for a discussion.

I am staying at the Boston Marriott Long Wharf, near the Boston Convention and Exhibition Centre (BCEC) and can meet you at either location, or somewhere else.

I look forward to meeting you soon in Boston!

Patent attorney takes another swing for charity

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

Every year the City of Greater Dandenong, through its business networking unit South East Business Networks (SEBN), and 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 $400,000 in support of local charities.

The day is not just lots of fun, but also offers an opportunity to build and strengthen relationships between local manufacturers and other businesses whilst raising money for worthy causes.

This year’s major charity recipients are Wallara and the recently initiated Greater Dandenong Community Aid Consortium which has been developed to ensure resources are effectively distributed to the most needy in our community.

Wadeson Sponsor Charity Golf Banner

 

Related reading

Innovation into Profit: Dandenong Seminar

Another great success at this year’s first Innovation Into Profit seminar, held at the City of Greater Dandenong council chambers.

Patent attorney Ben Mott spoke about patents, along with Mal Clark – @AMTIL (The Australian Manufacturing Technology Institute Limited), Dr. Kevin Thomson – CSIRO, Ron Mack – AusIndustry, Belinda Sigismundi – Macpherson Kelley, and Dr Rita Choueiri and Liz Smith, FCA, F Fin, MBA, GAICD, CFE both of William Buck, who delivered great information on research and development funding, idea protection and programs to support the manufacturing industry.

Many thanks to The City of Greater Dandenong SEBNDepartment of Industry, Innovation and Science Business Entrepreneurs Programme and William Buck for their support.