Linked by Thom Holwerda on Thu 11th Aug 2011 09:22 UTC
Legal Earlier this week, we were introduced to a new concept in intellectual property law: the European 'Community Design'. The Community Design is a sort of trademark on design, and sits halfway between a trademark and a patent. I decided to investigate what, exactly, the laws and regulations around Community Designs are, and what I found was shocking. Think the USPTO is bad? Wait until you learn about the Community Design.
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the Australian system
by unclefester on Thu 11th Aug 2011 10:54 UTC
unclefester
Member since:
2007-01-13

In Australia there is no prior art requirement. We have a first to lodge patent system. Whoever lodges the patent first is the owner even if it was invented 100 years ago. In Australia you initially apply for a patent pending. This protects your idea until the product can be commercialised.

Australian patent applications are examined and lodged by non-government patent attorneys who are experts in both intellectual property law and a specific technical discipline. A patent attorney typically has an advanced degree in science or engineering as well as a law degree.

Most patent attorneys specialise in one discipline such as mechanical engineering or pharmaceuticals.

Edited 2011-08-11 10:55 UTC

Reply Score: 4

RE: the Australian system
by przemo_li on Fri 12th Aug 2011 07:37 in reply to "the Australian system"
przemo_li Member since:
2010-06-01

And we all know, that in Australia you can patent wheel.
(Yes this 2oooy old wheel).

I wonder how you can be innovative, or sustain IT development.

When anyone can just "steal" patents for what you develop. NOT that software patents should be granted. But system you describe is disaster.

Do you know what to do to invalidate patent? Or what conditions must be met for that?

Reply Parent Score: 1

RE: the Australian system
by raboof on Fri 12th Aug 2011 16:15 in reply to "the Australian system"
raboof Member since:
2005-07-24

In Australia there is no prior art requirement. We have a 'first to lodge' patent system.

Uh, no you don't? Australia requires patents to be 'novel' at the time of submission. To determine whether the invention is 'novel', a prior art search (called 'examination') is done. The difference is, in Australia you can apply for and get the patent without doing the examination. If you want to hold up your patent in court, though, the examination will have to happen, and if prior art is found, the patent is invalidated.

There might not be a prior art requirement for getting a patent, but there is one for enforcing it.

In Australia you initially apply for a patent pending. This protects your idea until the product can be commercialised.

'Patent pending' simply means the procedure for getting a patent for this product has been started. It does not give any protection in itself, but *if* the patent is later granted, you can sue anyone who used the idea since the moment you started the process (called the 'priority date').

Edited 2011-08-12 16:16 UTC

Reply Parent Score: 4

RE: the Australian system
by kristoph on Fri 12th Aug 2011 22:05 in reply to "the Australian system"
kristoph Member since:
2006-01-01

Umm, no. The Australian system is actually much more rational the most. It acknowledges that the patent examiner has no hope of actually understanding most patents and so it will grant them without a thorough search of prior art. However, the patent can be invalidated in court through prior art and this happens reasonably often.

It's also not as expensive to get a patent in Australia and because judges care more about fairness then due process is cheaper to defend against a patent.

Also the weather is great, the girls are really nice looking, and as long as you don't live in Sydney it's reasonably cheap. So, yeah, mate, you have nothing to complain about.

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Reply Parent Score: 3