IP Law Watch

Legal issues, law, and regulations concerning the world of IP.

1
Reputation (High Court’s Version): Bed Bath ‘N’ Table v Global Retail Brands Australia
2
PTAB Reinforces Preference for PGR
3
Australia’s Trade Mark System Further Simplified: Recent Amendments to Regulations
4
Adopting an “Orphan Works” Scheme: Proposals from the Copyright Amendment Bill 2025 (Cth)
5
UKIPO Set to Increase Fees for the First Time in Years from April 2026
6
USPTO Director Squires Signals Future Update to AI Patent Eligibility Guidance at 2025 AIPLA Annual Meeting
7
USPTO Launches Streamlined Patent Application Program
8
Copyright Act in Australia Won’t Permit Free use of Copyright Works in AI
9
USPTO Proposes Rule Changes to Refocus Inter Partes Review Proceedings
10
Patent Victory? Here’s When You Decide Between Damages or an Account of Profits

Reputation (High Court’s Version): Bed Bath ‘N’ Table v Global Retail Brands Australia

The High Court of Australia has allowed Bed Bath ‘N’ Table Pty Ltd’s (BBNT) appeal from the decision of the Full Federal Court in its case against Global Retail Brands Australia Pty Ltd (GRBA).1

The key takeaway for businesses is that a finding against trade mark infringement does not prevent liability under the Australian Consumer Law (ACL).

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PTAB Reinforces Preference for PGR

The Patent Trial and Appeal Board (PTAB) recently designated a post-grant review (PGR) decision as precedential. In the decision, the Director issued a discretionary denial decision confirming that the proper analysis was a “totality of the circumstances” type analysis, taking into account all facts and arguments presented by the parties.  

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Australia’s Trade Mark System Further Simplified: Recent Amendments to Regulations

The Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 passed on 18 November 2025 introduces several amendments designed to streamline the Australian trade mark system, reduce unnecessary complexity, and to ensure current standards align with the international Madrid Protocol system.

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UKIPO Set to Increase Fees for the First Time in Years from April 2026

On 5 November 2025, the UK Intellectual Property Office (UKIPO) announced that, subject to legislative approval, fees for patents, trade marks and designs will rise from 1 April 2026. This marks the first major adjustment in years: trade mark fees have not increased since 1998, design fees since 2016 and patent fees since 2018.

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USPTO Director Squires Signals Future Update to AI Patent Eligibility Guidance at 2025 AIPLA Annual Meeting

At the 2025 American Intellectual Property Law Associate (AIPLA) Annual Meeting, John Squires, Director of the United State Patent and Trademark Office (USPTO), delivered a keynote speech that may prove pivotal for future examination of subject matter eligibility. While Director Squires touched on a range of goals for managing the patent office, the core of the address centered on his view of subject matter eligibility for artifical intelligence (AI)-related inventions.

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USPTO Launches Streamlined Patent Application Program

For applicants with a patent application having, or amended to have, a streamlined claim set—one independent claim and a maximum of nine singly dependent claims—the United States Patent and Trademark Office (USPTO) recently launched a new mechanism for accelerating initial review of the application. This Program (the Streamlined Claim Set Pilot Program) is separate from the USPTO’s existing procedures to advance out of turn (accord special status) the examination of a utility application, which includes (1) a petition to make special, or (2) a request for prioritized examination.

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Copyright Act in Australia Won’t Permit Free use of Copyright Works in AI

The Albanese Government has rejected a proposal to amend Australia’s copyright laws to allow artificial intelligence (AI) systems to freely train on copyright works, according to an official statement released on Sunday.

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USPTO Proposes Rule Changes to Refocus Inter Partes Review Proceedings

The United States Patent and Trademark Office (USPTO) has proposed significant changes to the rules governing Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). These revisions aim to enhance fairness, efficiency, and predictability in patent disputes, while curbing duplicative and costly litigation. Notably, these changes do not apply to Post-Grant Review (proceedings that must be filed within nine months of the patent issue date).

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