Tag: Prosecution

1
Federal Circuit holds that reissue application of hemodialysis shunt patent impermissibly recaptured surrendered subject matter
2
Getting closer to put the UPC into force
3
Significant changes ahead for Australian patents
4
European Copyright Reform
5
Is Australia’s Innovation Patent System on Borrowed Time?
6
Louboutin Succeeds Again in Long Standing European Union Trade Mark Opposition Over Red Sole
7
Single Patent Filing and Examination in Australia and New Zealand Almost a Reality
8
IP Australia Rejects MH370 Trade Mark Application
9
Flying Doughnuts – Future Reality?
10
High Court of Australia Decides Landmark Trade Mark Case

Federal Circuit holds that reissue application of hemodialysis shunt patent impermissibly recaptured surrendered subject matter

The Federal Circuit, in a nonprecedential decision, held that claims of a reissue application were properly rejected because they recaptured subject matter surrendered during the original prosecution of U.S. Patent No. 8,282,591 (“the ’591 patent”).[1]

The ’591 patent is directed to an arteriovenous shunt that connects a graft to an artery and passes returned blood through a “single lumen venous outflow catheter” into the right atrium of a patient’s heart.  This system reduces the risk of infection, clotting, and hyperplasia compared to systems that remove and return blood through a graft connected to a vein.[2]

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Getting closer to put the UPC into force

April 26, 2018 is a remarkable date: first it’s World IP Day celebrating IP around the world. Second, and this is unique, the British IP Minister Sam Gyimah MP announced that the UK ratified the Unified Patent Court Agreement (UPC Agreement). By doing so the UK agreed to be bound to both the UPC agreement and the UPC’s Protocol on Privileges and Immunities (PPI). The UPC will be a court common to the contracting member states within the EU having exclusive competence in respect of European Patents and European Patents with unitary effect.

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Significant changes ahead for Australian patents

The Australian Government has proposed significant changes to Australian patent law following an inquiry into the IP system recently completed by its advisory body, the Productivity Commission.  These include:

  • Amending the inventive step threshold to reflect that of the European Patent Office
  • Phasing out innovation patents
  • Requiring applicants to identify an invention’s technical features in their claims, and
  • Adding an objects clause to the Patents Act.

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European Copyright Reform

By Alessandra Bellani and Alessandra Feller

On December 9 2015 the European Commission presented a proposal for European Copyright reform. The proposed framework, inspired by the European digital single market project, aims to provide European users with wider content and strengthen copyright protection, as well as ensure authors a fair remuneration.

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Is Australia’s Innovation Patent System on Borrowed Time?

On 5 August 2015, the Australian Patent Office (IP Australia) released a consultation paper seeking feedback from interested stakeholders on the Advisory Council on Intellectual Property’s (ACIP) recommendation that the Australian Government should abolish the innovation patent system.

Introduced in 2001 under the Howard Government, the innovation patent system is Australia’s second tier patent right having a shorter term,eight  years, and a lower threshold of invention (i.e. an ‘innovative step’ as opposed to an ‘inventive step’ required for a standard patent).

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Louboutin Succeeds Again in Long Standing European Union Trade Mark Opposition Over Red Sole

Christian Louboutin (Louboutin) has again been successful in a long running opposition proceeding filed by Roland SE (Roland) against its red sole trade mark in the European Union.

Louboutin has faced legal challenges around the world in registering and enforcing its signature red sole on its shoes.  In 2010, Louboutin filed a Community Trade Mark application for the below trade mark in class 25 for “high-heeled shoes (except orthopaedic footwear)” (Louboutin Mark):
shoe

 

(Louboutin Mark)

 

 

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Single Patent Filing and Examination in Australia and New Zealand Almost a Reality

As we reported late last year, the Intellectual Property Laws Amendment Bill 2014 was read by the Australian House of Representatives. On 9 February 2015, the bill passed the Australia Senate and will soon become law in Australia as the Intellectual Property Laws Amendment Act 2015.

One significant aspect of the new law is the introduction of a Single Application Process (SAP) and a Single Examination Process (SEP) for Australia and New Zealand patent applications. Read More

IP Australia Rejects MH370 Trade Mark Application

On 8 March 2014, Malaysian Airlines flight 370 disappeared. Five days later, Aoan International Pty Ltd (Aoan) filed an application to register MH370 as a trade mark in class 41 of the NICE classification of goods and services for various services.

IP Australia initially rejected the application under section 41 of the Trade Marks Act 1995 (Cth) (Act) on the basis that other traders should be entitled to refer to MH370 with respect to the services proposed to be offered by Aoan. IP Australia then reconsidered its decision and decided to reject the application under section 42(a) of the Act saying that the trade mark was scandalous on the basis that the trade mark would offend a section of the community. Read More

Flying Doughnuts – Future Reality?

Airbus filed a suite of patent applications recently, one of which includes a futuristic looking new concept for a passenger aircraft.

Dubbed the ‘flying doughnut’, and looking like a craft one would expect to see only in a science fiction movie, the aircraft features a circular cabin accessed via a cavity in the middle, contained in the middle of a giant triangular wing.

The aircraft design allows for a wider passenger cabin than traditional passenger aircrafts, with the circular cabin making the most of the greater width. An important advantage of this new aircraft is that the circular cabin is better able to withstand pressurisation loads without compromising cabin space.

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High Court of Australia Decides Landmark Trade Mark Case

Decision in Cantarella Bros Pty Ltd v Modena Trading Pty Ltd Clarifies Test for Distinctiveness of Trade Marks in Australia

This week, the High Court of Australia (High Court) handed down only its third decision considering trade mark issues since the enactment of the Trade Marks Act 1995 (Cth). This decision could make it easier to register foreign language words as trade marks.

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