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Vol 23 No 5 May/June 2018

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Patent Law in Australia 2nd ed

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ISBN13: 9780455232188
Published: December 2013
Publisher: Thomson Reuters Australia
Country of Publication: Australia
Price: Price on Application

Patent Law in Australia Second Edition continues to be an indispensible guide to obtaining, maintaining, enforcing and challenging the validity of patents in Australia.

Balancing both the practical nature of Australian Patent Office processes and in-depth analysis of statute and case law, Patent Law in Australia Second Edition navigates every aspect of the patenting process, with detailed commentary on the law pertaining to each stage.

The Second Edition captures significant case law developments and legislative change since 2008. Among the issues that have been considered by the Federal Court are:

  • The test for anticipation;
  • Innovative step;
  • Patentable subject matter;
  • Inventorship and entitlement;
  • Extension of patent term; and
  • Contributory infringement.
In addition to case law, the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 and the Intellectual Property Laws Amendment (Raising the Bar) Regulation 2013 have made substantial changes to patent legislation, effective from 15 April 2013.

Matters given effect by the legislative reforms include:

  • Significant changes to the internal requirements for a patent specification;
  • New rules for determining priority dates;
  • Simplification of the process of applying for and obtaining a patent;
  • Reducing delays in examination;
  • Aligning the criteria for patentability more closely with those applying in other jurisdictions;
  • Reducing delays in resolving opposition proceedings; and
  • Providing free access to patented inventions for regulatory approvals and research.
This work is substantially revised to reflect these developments, most notably in the chapters dealing with the Australian patents system, the requirements for a valid patent, the rights of the patentee, and Patent Office proceedings.

Patent Law in Australia has established itself as a highly respected and effective guide for patent attorneys, intellectual property lawyers and barristers.