bazpat.blogspot.com
BAZPAT: Grace Period - Australia
http://bazpat.blogspot.com/2014/05/grace-period-australia.html
Patents in Australia and sometimes beyond. Grace Period - Australia. This is the first in a series of posts concerning grace periods around the world. Australia is a good place to start. But first of all, let's consider what is meant by "grace period". This is not. The convention period governed by the Paris Convention. In connection with those requirements. In Australia, that grace period is 12 months. However, there are some important considerations:. Can also be effective. You should never rely on the...
bazpat.blogspot.com
BAZPAT: The Problem with Apps
http://bazpat.blogspot.com/2013/01/the-problem-with-apps.html
Patents in Australia and sometimes beyond. The Problem with Apps. I have recently received a number of enquiries from inventors looking for patent protection to cover an app. Theoretically, there is no reason, at least in Australia and the US, that you should not be able to cover your app with a patent application. However, there are practical and legal implications that could result in you throwing good money after bad. In this post, I am considering Australia and the US only. How clever is your app?
bazpat.blogspot.com
BAZPAT: Particulars for Patent Opposition
http://bazpat.blogspot.com/2014/05/particulars-for-patent-opposition.html
Patents in Australia and sometimes beyond. Particulars for Patent Opposition. Case: Fonterra Co-Operative Group Limited v Leprino Foods Company [2014] APO 24. In this matter, the delegate of the Commissioner of patents dismissed multiple grounds of opposition. He did so, requiring further and better particulars for the ground of novelty raised with regards to the allegations of prior use. Case has been established. Evidence of an “ambivalent character” will generally be sufficient to establis...For commo...
bazpat.blogspot.com
BAZPAT: R&D Tax Incentives
http://bazpat.blogspot.com/2013/01/r-tax-incentives.html
Patents in Australia and sometimes beyond. Almost all my clients are involved in R&D according to the definition of that term by the Australian Tax Office. In short, investigative and experimental activities qualify for the R&D tax incentive if:. Their outcome is uncertain. The outcome can only be determined by experiment. The activities are for the purpose of acquiring new information. Posted by Barry Eagar. Sunday, January 20, 2013. Subscribe to: Post Comments (Atom). Dennis Crouch's Patentlyo Blog (US).
bazpat.blogspot.com
BAZPAT: Evidence for Inventive Step
http://bazpat.blogspot.com/2014/02/evidence-for-inventive-step.html
Patents in Australia and sometimes beyond. Evidence for Inventive Step. Case: Cronk v Commissioner of Patents [2014] FCA 37. Problem solution approach appears to be discussed? Attributes of nominal "person skilled in the art". Good short review of "inventive step" and meaning of "obvious" - List of cases. An example of a good expert witness. Posted by Barry Eagar. Tuesday, February 11, 2014. Subscribe to: Post Comments (Atom). Intellectual Property Laws Amendment Act 2012. Gray on Claims (US).
bazpat.blogspot.com
BAZPAT: What to take to the meeting?
http://bazpat.blogspot.com/2012/11/what-to-take-to-meeting.html
Patents in Australia and sometimes beyond. What to take to the meeting? You have finally decided to visit a patent attorney. But what should you take to the meeting? It's important that you do your best to explain the state of the art. You should have been doing quite a bit of research yourself. If not, here's a link to a post. With some searching tips. The question of ownership can create real problems, especially once the invention starts to generate cash flow. I strongly recommend that a company b...
legalrants.wordpress.com
The Politics of International Criminal Law | Legally Ranting
https://legalrants.wordpress.com/2011/01/14/the-politics-of-international-criminal-law
Skip to search - Accesskey = s. The Politics of International Criminal Law. Posted in International Criminal Law. By legalrants on January 14, 2011. Or is that the case? Made them out to be. But are they really the only ones who are truly guilty? I barely need to mention the trial of General Yamashita after WWII, in the American Military Tribunal of Manila, to prove my point. For that matter, the legality of that trial is still questionable today (at least to me). Why the world stood and watch repeatedly...
legalrants.wordpress.com
Which area of law? | Legally Ranting
https://legalrants.wordpress.com/2011/02/04/which-area-of-law
Skip to search - Accesskey = s. Which area of law? Posted in Criminal Law. By legalrants on February 4, 2011. I became keenly aware that a strong background in traditional areas of law such as Property, Torts, Criminal and Family Law would be essential in aiding social justice and helping the disadvantaged achieve reprieve through legal means. At the end of the day, it appeals to my inherent sense of justice as well as my inclination towards helping the needy. Tagged with: Criminal Law. Fill in your deta...
legalrants.wordpress.com
The Fusion Fallacy — Is it really necessary to separate Equity from the Common Law? | Legally Ranting
https://legalrants.wordpress.com/2011/03/05/the-fusion-fallacy-is-it-really-necessary-to-separate-equity-from-the-common-law
Skip to search - Accesskey = s. The Fusion Fallacy — Is it really necessary to separate Equity from the Common Law? By legalrants on March 5, 2011. A hilarious incident occurred during the Equity lecture two days ago. The lecturer was attempting to explain what forms of equitable relief are available. It went like this:. A loud SYMPHONIC TUNE went off, presumable from a mobile. Lecturer: Not THAT kind of relief, I hope! Lo and behold — the puritanical law academic would have frowned upon my insolen...
legalrants.wordpress.com
Unconscionable Dealing, or Undue Influence? | Legally Ranting
https://legalrants.wordpress.com/2011/04/14/unconscionable-dealing-or-undue-influence
Skip to search - Accesskey = s. Unconscionable Dealing, or Undue Influence? By legalrants on April 14, 2011. The equitable doctrines of Undue Influence and Unconscionable Dealing have often been confused and inappropriately administered. Even within the doctrine of Undue Influence itself, it is not entirely clear as to which is the correct approach. According to some UK cases (see. National Westminster Bank v Morgan. Albeit in an obiter. In taking advantage of the plaintiff’s special disability....