Obtaining Patents with Fictional Data - More Than Just Plausible
In the USA it is possible to obtain a patent using fictional data as the basis for the patent’s claims.
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IP News to Peruse
Guidance on Finding Distinctiveness and Specification Sweet Spots
In Flujo Sanguineo Holdings Pty Ltd v Merisant Australia Pty Ltd [2021] NZIPOTM 11 the Assistant Commissioner clarified when disclaimers are appropriate and also made a rare finding that the scope of the application’s specification was too broad on account of likely use.
Read moreStill No Clear Picture - Federal Circuit Split on Patent Eligibility
In Yu v Apple Inc 20-1760 the majority decision of divided Court of Appeals for the Federal Circuit (CAFC) decisions has arguably further extended the scope of patent ineligible subject-matter under the Supreme Court’s two-step Mayo/Alice inquiry.
Read moreFull Court Finds Dis-Harmony in Trial Judge’s Judgment
In Ariosa Diagnostics Inc v Sequenom Inc 2021 FCAFC 101 the Full Court of the Federal Court (FCAFC) rejected Ariosa’s appeal against the trial Judge’s finding that Sequenom’s non-invasive prenatal diagnosis patent is valid, but held that the trial Judge erred in finding some of the patent claims infringed.
Read moreFeedback Sought on Issues with Using IP Australia’s New Online Services Platform
With the impending decommissioning of IP Australia’s eServices Platform feedback is being sought on any issues users of IP Australia’s New Online Services Platform have had.
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