Pipers issues a bulletin on a monthly basis providing a summary of recent developments in intellectual property law and practice in Australasia and other key countries and regions such as USA, UK, Europe and Asia. Below are links to articles in the latest bulletin. Previous issues can be accessed via the left pane navigation.
Contents Summary of Latest Bulletin
Discussion Paper Released for Patents Accessibility Review
The Australian Government’s Department of Industry, Science, Energy and Resources has commissioned a Patents Accessibility Review with a view to ensuring that the standard patent system is as accessible as possible to Australia’s Small and Medium Sized Enterprises (SMEs).
Problem Found with Problem-Solution Approach to Claim Interpretation
In Choueifaty v Canada (Attorney General) 2020 FC 837 the Judge rejected the problem-solution approach to claim construction, finding that that interpretive framework can restrict the purposive construction of the claims.
United States of America
USPTO Guidance Memo Clarifies Possible Use of Patent Specification in IPR
The USPTO Director-General has issued a guidance memorandum to standardise how the Patent Trial and Appeal Board (PTAB) will treat applicant admitted prior art (AAPA) in Inter Parties Review (IPR) proceedings.
2. Trade Marks
Consultation on Options for Re-Purposing of Geographical Indications Legislation
The Australian Government has opened a new consultation in regards to its Geographical Indications (GIs) legislation in light of its on-going Free Trade Agreement negotiations with the EU, with responses sought by 30th November 2020.
IP Australia’s Smart Trade Mark Initiative for Combatting Counterfeiters
IP Australia has been trialling an Australian Government anti-counterfeiting initiative that allows consumers or other interested parties to check whether a website sells genuine branded products.
New Entrant Evades Opposition by Turning Up the Heat
The recent Assistant Commissioner’s decision Waiwera LLC v Savernake Holdings Ltd  NZIPOTM 16 involved actions against some of each side’s applications or registrations, with Savernake being successful in both respects despite being yet to trade.