In Merial Inc v Intervet International BV the Judge upheld the Assistant Commissioner’s finding that a request for an extension of time in which to file a counterstatement satisfied the relevant exceptional circumstances provisions in the Patents Regulations 2014...
Substitutability Key Factor in Obviousness Analysis
In 2017 NZIPOPAT 23 Merial Inc v Alleva Animal Health Limited the Assistant Commissioner declined to make a finding of obviousness even though the prior art primarily only differed in not mentioning the specific salt of levamisole used and despite allowing salts of levamisole to be used...
In 2017 NZHC 2393 Monster Energy Company v Ox Group Global Pty Ltd the Judge rejected Monster Energy’s appeal of an Assistant Commissioner’s decision that allowed Ox Groups device mark to proceed to registration...
First Decision on Support Requirement in Patents Act 2013
In the recent Commissioner’s Decision 2017 NZIPOPAT 16 Charles Caulder Bree the Assistant Commissioner confirmed that the test for the ‘fair basis’ requirement that applied under the Patents Act 1953 cannot be used when considering the ‘support’ requirement under the Patents Act 2013...