Scintilla – a flash, a spark, an iota. Shorthand for creativity and an indicator of inventiveness under Australian law.






Monday, December 11, 2017

Subscribe to our new publication, InIP

The Allens IP team is changing the way we share our insights with you.

It's out with the old blog Scintilla and in with our exciting new publication – InIP.

We invite you to subscribe to InIP and look forward to continuing to share the latest and greatest developments in IP law with you.

Subscribe to InIP


Thursday, September 7, 2017

Australian patents continue to be bested by 'best method' requirement

By Claire Gregg, Associate

Australia's unique statutory 'best method' requirement continues to get the better of patent applicants and patentees, as highlighted in the recent decisions of the Australian Patent Office in Kineta, Inc. [2017] APO 45 and the Full Federal Court in Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd [2017] FCAFC 138.

These decisions emphasise the importance for anyone seeking a patent in Australia of disclosing the best method known to the applicant of performing the invention at the time of filing the complete patent specification, the absence of which can be fatal to an application or granted patent. The decisions also reiterate that the nature of the invention around which the claims are drawn, as determined from the specification as a whole, is critical to determining what is 'best' in the circumstances.

Tuesday, September 5, 2017

Unjustified threats and damage – no longer clear as mud

By Elliott Burton, Lawyer

Two recent decisions by the Federal Court have reinforced that, in patent litigation, simply showing that you have been a victim of unjustified threats under section 128 of the Patent Act is not, by itself, enough to claim compensation.

Monday, September 4, 2017

IP Australia commences consultation on IP reforms

By Lauren John, Senior Associate

IP Australia has commenced public consultation on proposed reforms to Australia’s intellectual property laws, to implement the Government's response to some of the recommendations made by the Productivity Commission following its inquiry into Australia's intellectual property arrangements.

Friday, August 25, 2017

Full Federal Court confirms 'Swiss-style' claims are not eligible for PTE

By Claire Gregg, Associate and Lauren John, Senior Associate

The Full Federal Court of Australia has unanimously confirmed that 'Swiss-style' claims involving recombinantly produced products for a new medical use are not eligible for patent term extension (PTE) under the Patents Act 1990 (Cth) (the Act), in Commissioner of Patents v AbbVie Biotechnology Ltd [2017] FCAFC 129.

Wednesday, August 16, 2017

Calmer waters ahead for Bondi Wash after choppy waves?

By Nick Li, Associate

This is the story of a small but industrious Sydney retailer of scented fragrances, looking to expand into the US market, and coming up against the international fashion Goliath Abercrombie and Fitch before the United States Patent and Trade Mark Office. 

The story is set for a happy ending, but the struggles of our persistent protagonist serves as an example of some of the challenges faced by Australian small businesses trying to make it big. 

Thursday, July 13, 2017

While the US says yes to the Wayback Machine, Australia says: what is it?

By Elliott Burton, Lawyer

We're big fans of the Wayback Machine here at Scintilla, so you can imagine our excitement when we heard about the case Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 2) [2017] FCA 474 (Shape Shopfitters), where the Federal Court was directly asked whether Wayback Machine records constitute admissible evidence. So, is Shape Shopfitters Australia's Marten Transport, which confirmed that Wayback Machine is good evidence in the US? Are Australian courts ready to welcome Wayback Machine records with open arms?