Novelty
One of the most important requirements under the Patents Act 1990 (Cth) for an invention to qualify for patent protection is that it must be novel.  For an invention to be novel, it must not have been publicly used or published anywhere in the world. Public disclosure can include publication in a printed media, disclosure in a presentation or public demonstration, or substantial publication of the material on a website, including a blog or other discussion forum.

The University of Western Australia (’UWA’) v Gray [2009] FCAFC 116 case illustrates the practical significance of having an employee’s contract clearly define the scope of an employee’s duties in order to address the issue of intellectual property ownership (see here). The same case also sheds some light on the issue of inventive concept which is worthy of consideration.

Supporters of low-carbon technology are leading the argument that any invention which will assist in reducing the Earth’s carbon foot-print should be made widely and freely available, so we can all gain the benefits from the new technology in the fastest possible way.

Over the past month, two Australian patents have stood up to the tough US system and registered wins for their owners.

Coming up with an invention is a pretty impressive moment of anyone’s life. The temptation to tell all and sundry, ranging from family and friends to professional colleagues is huge. While getting that article about your life changing device in New Scientist might be very gratifying, it can close a lot of doors relating to your possible intellectual property. The novelty of your invention prior to filing a patent application is a frail thing, and can be ruined very quickly if you are not careful. Novelty of your invention is one of the three important elements that make your invention patentable, without it you will not be able to obtain patent protection