Australia: Patent

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.

The Australian Innovation Patent – Not Quite Dead Yet!

The Australian innovation patent was introduced in 2001 and was intended to provide a lower cost second tier patent.

MP

Madderns Patent & Trade Mark Attorneys

EPO And IP Australia To Launch PCT Pilot Programme Starting 1 March 2026

The 19 January 2026 announcement of a new PCT pilot programme between IP Australia and the European Patent Office is an interesting development for innovators based in Australia.

MC

Marks & Clerk

Mixing It Up: The End Of The Line For Patent Term Extensions For Formulation Patents In Australia

The recent decision of the Full Court of Australia in Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd [2025] FCAFC 161 represents a significant milestone for patent term extensions...

KL

Herbert Smith Freehills Kramer LLP

Full Federal Court curtails term extensions for patents to pharmaceutical formulations

The Full Federal Court ruled that patent term extensions apply only to active pharmaceutical ingredients, not formulations, putting formulation-based extensions at risk.

SF

Spruson & Ferguson

Patents: The Evolving Law Of Support And Sufficiency

SF

Spruson & Ferguson

Buying A Business With Software At Its Core: Key Issues In Australia

KL

Herbert Smith Freehills Kramer LLP

Sustainability or liability? The international IP landscape for environmental claims in the food and beverage sector

MP

Madderns Patent & Trade Mark Attorneys

Not The Final Algorithm: The Full Court's Approach In Aristocrat

PA

Piper Alderman

Generative AI And IP: Key Legal Considerations For Australian Businesses

Australia Technology

CG

Clifford Gouldson Lawyers

Guide To Differences In Patent Prosecution

SF

Spruson & Ferguson

All Eyes On EYLEA–Sandoz Defeats Preliminary Injunction

KG

K&L Gates LLP

Aristocrat Decision Changes Patent Eligibility Of Computer-implemented Inventions

SF

Spruson & Ferguson

Keep Spinning: Aristocrat Finally Hits The Patent Jackpot

KG

K&L Gates LLP

Trends In Patent Filing For Artificial Intelligence-assisted Medical Technologies

SB

Smart & Biggar

Insights Into Unique Court Decisions, With Pavlos Stavropoulos, Senior Disputes And Insolvency Solicitor At Addisons

Australia Insolvency

CP

Cathro & Partners

Podcast: SMSFs With CGW – What Is Happening With Division 296 Tax? (Tax On Large Superannuation Balances)

CG

Cooper Grace Ward

Employment law in 2025: key developments and what they mean for employers

Australia Employment

B

Barry Nilsson

Essential ESG: Episode 25 – Operating Responsibly In Conflict-affected Areas: The Role Of Grievance Mechanisms

Australia Commercial

CC

Corrs Chambers Westgarth

ESSENTIAL ESG SPECIAL EDITION - Responsible AI Governance: Emerging Legal Risks And Regulatory Trends

Australia Technology

CC

Corrs Chambers Westgarth

Part 2: Regulatory considerations for orphan drugs

This article sets out the key regulatory considerations in Australia.

SF

Spruson & Ferguson

Part 1: Patenting orphan drugs

Patent strategies for orphan drugs: Start early, think long.

SF

Spruson & Ferguson

The NOCO Company v Brown and Watson International Pty Ltd: Revisiting the Best Method and Relevant Date Requirements for Divisional Patents

Case clarified the 'relevant date' from which to assess the 'best method' requirement for divisional patents.

PA

Piper Alderman

Federal Court Launches Standard Directions To Streamline Patent Disputes

The new Practice Note provides the Court with a range of tools to achieve this, centred around the keystone expectation of a trial within 12-18 months of commencement.

SF

Spruson & Ferguson

Let's Make It A Date – Best Method And The Filing Date Of The Earliest Complete Application

KG

K&L Gates LLP

Understanding intellectual property in the construction industry

Australia Real Estate

HR

Holding Redlich

Why Skyportz Is Giving Away Its Patented Vertiport Tech...... For Free

MC

Marks & Clerk

Utilising International Type Search to strengthen your IP strategy

SF

Spruson & Ferguson

Latest Statistics In The 2025 IP Australia Intellectual Property Report

SF

Spruson & Ferguson

Katy/Katie Perry Trademark Case Heads to High Court

CG

Clifford Gouldson Lawyers

New patents and trade marks acceleration programs

SF

Spruson & Ferguson

Patent term extensions – Insights from recent Federal Court decisions

SF

Spruson & Ferguson

Considerations before filing your own provisional patent application

SF

Spruson & Ferguson

US vs AU. Do I need to disclose prior art to the Australian Patent Office?

MP

Madderns Patent & Trade Mark Attorneys

New patents and trade marks acceleration programs

New programs feature simplified eligibility criteria to benefit enterprises & innovators.

SF

Spruson & Ferguson

Patent term extensions – Insights from recent Federal Court decisions

Examines some of the key issues dealt with by the Federal Court in recent patent law cases.

SF

Spruson & Ferguson

Considerations before filing your own provisional patent application

Common issues - some relate to how the patent specification is drafted and key considerations regarding filing strategy.

SF

Spruson & Ferguson

US vs AU. Do I need to disclose prior art to the Australian Patent Office?

There is no positive "duty" incumbent on an Australian patent applicant to disclose prior art to the APO.

MP

Madderns Patent & Trade Mark Attorneys

"Last Call" – High Court to decide the battle of the Katy(ie) Perrys

BP

Bartier Perry

Why Build A Patent Portfolio?

Having a patent for a new piece of technology is an important first step to protecting against competitors.

SF

Spruson & Ferguson

Aristocrat v Commissioner of Patents – The High Court says no (for now!)

Discusses the Aristocrat gaming machine matter dealing with the patentability of computer-implemented inventions in Australia.

MP

Madderns Patent & Trade Mark Attorneys

‘Culture' Change | The patent boom of precision fermentation in F&B

The precision fermentation sector continues to evolve rapidly.

SF

Spruson & Ferguson

Use of prophetic examples in patent specifications

Why & when to include prophetic examples in a patent application. Restrictions & complications discussed.

SF

Spruson & Ferguson

Legal 500 country guide I Patent litigation in Australia

SF

Spruson & Ferguson

When is your data ready for a Patent Application?

SF

Spruson & Ferguson

Intellectual property enforcement trends positive for foreign entities

SF

Spruson & Ferguson

Koninklijke v Cantarella: An Instant Coffee Clash

PA

Piper Alderman

Intellectual property in commercial contract templates

HR

Holding Redlich

Rattling support and sufficiency – the concept of a "relevant range"

SF

Spruson & Ferguson

Looking for something? "Ascertaining" a Prior Art Document

MP

Madderns Patent & Trade Mark Attorneys

Is it Obvious? Sandoz v Bayer and a Patent's Inventive Step

PA

Piper Alderman

Australia | Design protection: IP Australia's bold reforms for the Digital Age

SF

Spruson & Ferguson

Hamilton Laboratories – protecting Australians since

MP

Madderns Patent & Trade Mark Attorneys

The Nobel Prize Winners 2024: a snapshot of their patent footprints | Physiology or Medicine

SF

Spruson & Ferguson

The Nobel Prize Winners 2024: a snapshot of their patent footprints | Chemistry

SF

Spruson & Ferguson

What's Belief Got to Do With It? Inducing Others to Infringe Patent Rights

MP

Madderns Patent & Trade Mark Attorneys

Navigating Australia's patent claim fee changes & protecting your rights

SF

Spruson & Ferguson

Aristocrat v Commissioner of Patents – a second bite at the cherry

MP

Madderns Patent & Trade Mark Attorneys

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Retroactive foreign filing licences for patents

MP

Madderns Patent & Trade Mark Attorneys

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