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

Wednesday, October 29, 2014

China to establish specialised IP Court

By Tracy Lu, Associate

The PRC National People's Congress Standing Committee passed a Decision on 31 August to establish specialised intellectual property courts in Beijing, Shanghai and Guangzhou. This post takes a look at the Decision and its implications.

What will an IP Court do?

According to the Decision, an IP Court will be the court of first instance for 'technically complex' civil and administrative IP matters,  examples of which are listed as patents, new plant varieties,  circuit layout designs and trade secrets matters. An IP Court's decision in these matters can in turn be appealed to the high court of the province or city in which the IP Court is located.

Tuesday, October 28, 2014

Agribusiness innovation catches rival going over the wall

By Lester Miller, Senior Associate and Patent Attorney

There is a misconception that a patent can be circumvented by a modification of a product by 10 per cent or 20 per cent. In reality, if the wording defining a part in a patent claim covers a functionally equivalent variation of that part in a different product, there is infringement of the patent (if all other parts are the same). In last month's Full Federal Court decision on an Australian innovation patent for a grain bin, the main difference between the patented bin and a rival bin was a deep open V-cut in a side wall instead of a hole for access to a grain outlet gate on the other side of the wall.