Patent Law in Australia Third Edition - Book

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.

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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