IP Australia is providing free extensions of time if a deadline cannot be met due to the effects of COVID-19.

Two primary topics are the Innovation Patent system and harmonisation of the inventive step test with European practice.

The DGIP has issued a circular allowing for an extension of time until 31 July 2020 to pay outstanding patent annuities.

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The Australian Patent Office has, by its own initiative, issued a new examination directive which attempts to adopt a more European approach to obviousness.

In our January newsletter we highlighted proposed changes to the Trade Marks Act 1995.

In a series of recent cases, Australian Courts have substantially green lighted the possibility of selling visually similar packaged products to those of Famous Brands.

Immediate changes will clarify the legal standard used for the assessment of design infringement and registration.

IP Australia has released an exposure draft of the proposed Regulations to implement the new IP amendment legislation.

In line with the New Zealand Designs Amendment Regulations 2011, as of 19 April 2011 the following changes apply to New Zealand designs practice.

The Australian Full Federal Court has recently clarified what acts will constitute patent novelty destroying prior art.

The court's decision is the creation of a judicial exception to patentability, in line with the United States and Europe.

There appears to be a softening by the Patent Office in relation to the extension of patent term provisions in Australia. Traditionally, an extension of patent term was only available for pharmaceuticals. Indeed, the Act contained a specific limitation to "pharmaceutical substances per se".

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Australian courts have recently considered the registrability of single-colour trade marks.

The Full Federal Court has rebuffed an attempt to appropriate the international reputation of the Monster Energy brand drink in Australia in Hansen Beverage Company v Bickfords (Australia) Pty Ltd.

The recent case of Health World Ltd v Shin-Sun Australia Pty Ltd [2010] HCA 13 has expanded who can remove Trade Marks under the Australian system. Under our Trade Marks statute only a ‘person aggrieved’ can apply to remove a Trade Mark. Traditionally, this has been an onerous test which did not necessarily include trade rivals wishing to use a mark.

The Australian courts and the Australian Patent Office continue to have divergent views on the level of obviousness required to invalidate a patent. Whilst the Patent Office has attempted to move Australia towards the European so-called "problem and solution" approach, the courts highlight deficiencies in it and refuse to adopt the Office's preferred view.