IP News to Peruse
As part of the current review of the Plant Varieties Act 1987 (see summary) IPONZ has released a wide-ranging consultation paper on the amount and structure of fees that should apply.
Read moreIn the USA it is possible to obtain a patent using fictional data as the basis for the patent’s claims.
Read moreIn 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 moreIn 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 moreIn 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.
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