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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.
Madderns
- Article
Is your domain name safe?
Ssimple steps to take to use your business or brand name & your existing .au domain to obtain the shortened .au equivalent.Madderns - Article
What's Belief Got to Do With It? Inducing Others to Infringe Patent Rights
Australian law has provisions for what is known as "contributory" or "indirect" infringement.Madderns - Article
IP Australia trialling machine learning model for patent applicants
The innovative machine learning model aims to help patent applicants navigate the examination process more efficiently.Madderns - Video
Retroactive foreign filing licences for patents
Take note - if your company employs US residents, and those employees or contractors invent while they are in the US.Madderns - Article
Plant Breeder's Rights decision - PBR revoked
For a plant variety to be registrable, it must be distinguishable from other known varieties and the result of breeding.Madderns - Article
A positive signal for patentability of computer implemented inventions in Australia?
This decision further supported the position that computer implemented inventions can be patentable subject matter.Madderns - Article
Filing requirements for Australian trade marks: A guide for foreign applicants
Checklist summarising the key requirements & practical considerations to keep in mind when filing a TM application in Australia.Madderns - Article
Parody trade marks
You may have grounds to oppose the registration of a parody trade mark in Australia if the mark is not clearly a parody mark.Madderns - Article
First use of the new objects clause considered in High Court - Patent protection of printer ink cartridge
This new objects clause provided a framework within which the provisions of the Patents Act were to be considered.Madderns - Article
New evidence in public interest in patent opposition procedure
The Patents Commissioner can rely on documents that are not formally in evidence in order to protect the public interest.Madderns - Article
What is a Top Level Domain and why should Trade Mark owners know?
With over 205 million domain names registered it is tricky for trade mark owners to get their own.Madderns - Article
Plant breeder's rights and managed apples: what's changing in Australia
For 2026 planning, apple businesses must prioritise licensed access and strict PBR compliance across the supply chain as branded variety programs dominate the market.Madderns - Article
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.Madderns - Article
Trade marks and domain names
With a registered trade mark, it could be easier to challenge registration of a .com.au domain name by a third party.Madderns - Article
An IP Audit: Protecting Designs Under Patent, Copyright and Trademarks Laws
A cursory audit can identify the main assets, glaring gaps in the portfolio and risks and forms a base of information.Madderns - Article
Trade marks with geographical connotations
When choosing a trade mark, keep in mind that marks with geographical connotations can be difficult to protect and enforce.Madderns - Article
China and trade marks – the story of Facebook, iPhone and Weixin ("Wechat") and strategic trade mark planning in China
China presents some unique difficulties for foreign trade mark owners.Madderns - Article
Patent Term Extension Program to be introduced in China
New laws in China allow PTEs. These laws are discussed including eligibility, timing, requesting, calculation etcMadderns - Article
Patents of space telescopes
We look at some patents behind technologies related to space telescopes.Madderns