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    26Apr 2013

    Reduced Fees for US Micro Entities

    Applicants of a US patent or patent application may already be aware that the US Patent and Trademark Office ("USPTO") provides a discount of 50% on certain USPTO fees for those applicants and patentees that are a "Small Entity". What you may not know however is that as of 19 March 2013, the USPTO will now be offering a discount of 75% on certain USPTO fees for applicants or patentees that are a "Micro Entity".

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    22Mar 2013

    When employees are not

    One of the most difficult issues to resolve in Australian intellectual property cases involves the determination of ownership of intellectual property rights in an employee/employer situation. The recent case of ACE Insurance Limited v Trifunovski [2013] warns of an even more fundamental issue which might snare the unwary.

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    22Mar 2013

    World IP Day: 26 April 2013

    World IP Day (26 April 2013) is coming in just over a month and this year the nations of WIPO are turning the focus of the day to celebrate Creativity: the next generation. Some locations around the world (including Melbourne, Australia) are holding specific events to mark the occasion.

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    15Mar 2013

    Australian IP law changes are almost here!

    In less than a month, the biggest changes to Australian patent laws since 1991 will come into force. Some tips to handle the transition follow on from the break.

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    13Mar 2013

    Closing the Gap: IP Australia and SIPO come to an Understanding

    China’s Commissioner of SIPO Mr Tian Lipu recently visited Australia to observe Australia’s IP entrepreneurship and commercialisation practices. During his stay the Commissioner met with IP Australia's Director General, Mr Philip Noonan, to sign a Memorandum of Understanding.

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    08Mar 2013

    Apple takes bite out of Samsung Patent Portfolio

    Apple scored a significant win over rival smartphone maker Samsung in the UK earlier this week when the UK Patent Court agreed with Apple that three of Samsung’s UK patents were invalid. This may have a knock-on effect for any equivalent patents Samsung may hold around the world.

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    07Mar 2013

    Licensing trip-ups: The meaning of words

    One of the many pitfalls that IP owners and IP users encounter is disagreeing over the meaning of certain terms in an agreement. The recent Full Court of the Federal Court decision in Phonographic Performance Company of Australia Limited v Commercial Radio Australia Limited [2013] FCAFC 11 demonstrates that this issue can confound even the most sophisticated of licensors/licensees.

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    07Mar 2013

    Selling IP vs. Licensing IP

    One question that often comes up with our clients is whether it is better to sell their intellectual property (IP) rights, or license them. More often than not, the response we give is: it depends.
    A number of factors come into play when deciding whether to sell your IP rights or to license them out.

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    22Feb 2013

    A big week for the Australian Federal Court

    The past week has seen two landmark judgements issued by the Federal Court regarding patentable subject matter in Australia. The first decision concerns isolated DNA and RNA as patentable subject matter under Australian law, while the second deals with the patentability of schemes or business methods implemented using a computer.

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    21Feb 2013

    Unitary European Patent

    After almost 40 years of negotiations, a unitary European patent system was signed into law on 19 February 2013, potentially reducing patenting costs in the region.

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