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Patent Law in Australia e3

Patent Law in Australia e3

By Colin Bodkin

Patent Law in Australia, third edition continues to be an indispensable guide to obtaining, maintaining, enforcing and challenging the validity of patent. Balancing both the practical nature of IP Australia processes and in-depth analysis of statute and case law, this text navigates every aspect of the patenting process, with detailed commentary on the law pertaining to each stage.

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  • Full description

    Patent Law in Australia third edition continues to be an indispensable guide to obtaining, maintaining, enforcing and challenging the validity of patents in Australia.

    Balancing both the practical nature of IP Australia processes and in-depth analysis of statute and case law, Patent Law in Australia third edition navigates every aspect of the patenting process, with detailed commentary on the law pertaining to each stage.

    Since the last edition published in 2013, there has been steady flow of case law developments enriching the jurisprudence on patents in Australia. There have been over 70 Federal Court decisions, a similar number of IP Australia patent decisions and High Court consideration of emerging issues. The Third Edition has been thoroughly updated to reflect these. Among the most significant developments are:

    The High Court’s controversial decision which ruled that naturally occurring nucleic acids are inherently unpatentable - D’Arcy v Myriad Genetics Inc (2015)

    The Federal Court decision to resolve a lingering question regarding the correct approach to be taken when determining whether a claimed invention was obvious - AstraZeneca v Apotex (2014)

    Numerous Federal Court decision relating to important areas including patentability of “business methods”; describing the “best method” of carrying out the invention; fair basis and claim breadth; requirement that a specification describe the invention fully; important developments relating to novelty; the forms of infringement; and many more significant matters.

    The third edition is substantially revised to reflect these developments, ensuring Patent Law in Australia continues to provide the most respected and effective guide for patent attorneys, intellectual property lawyers and barristers.

  • About the author
  • Product details

    ISBN: 9780455501086

    Published: 2018

    Format: Hardcover

  • Table of contents

    Preface

    Table of Contents

    Detailed Table of Contents

    Table of Cases

    Table of Statutes

    Chapter 1 — The Australian patents system: An introduction

    Chapter 2 — The statutory definition of invention

    Chapter 3 — Novelty

    Chapter 4 — Inventive step and innovative step

    Chapter 5 — The internal requirements for validity

    Chapter 6 — Utility

    Chapter 7 — Revocation of a patent

    Chapter 8 — Who may be granted a patent?

    Chapter 9 — Rights of the patentee

    Chapter 10 — Licensing and assignment

    Chapter 11 — Divisional patents and applications

    Chapter 12 — Patents of addition

    Chapter 13 — Amendments

    Chapter 14 — Patent office proceedings

    Chapter 15 — Patent term and extension of term

    Chapter 16 — Extensions of time

    Chapter 17 — Hearings and appeals

    Appendix 1 — The deposit requirements for micro-organisms

    Appendix 2 — “Associated technology”

    Appendix 3 — Exploitation of an invention by the Crown

    Index

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