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Article \ 8 Jul 2022
Mere scheme or something more? Business method patents
Patent law inherently excludes certain things from being patented. It is possible that an invention is new and inventive, but at the same time if that invention is something that is specifically excluded from being patent eligible, then such an invention cannot be patented regardless of how novel and inventive it is.
Article \ 20 Jun 2022
Patent (examination) pending – the chemistry/biotech backlog at IPONZ
The Intellectual Property Office of New Zealand (IPONZ) has recently updated timeframes for issuing a first examination report for patent applications where ordinary examination has been requested.
Article \ 13 Jun 2022
Delays in processing New Zealand Trade Mark IR Designations
The Intellectual Property Office of New Zealand (IPONZ) is experiencing continued delays with examination of International registrations (IR) designating New Zealand. The ongoing effects of Covid-19 and tight labour market has undoubtedly contributed to the delays.
Article \ 19 May 2022
The role of the Māori Trade Mark Advisory Committee and…
We now live, work, and play in a digital and global era. Due diligence is even more important when prosecuting trade marks with creators and businesses operating in a fast-paced world. One important consideration that is often lost amidst commercial evaluations is cultural sensitivity. In New Zealand, the Māori Trade Mark Advisory Committee (MTAC) plays an important role in this regard.
Client story \ 16 May 2022
Building a cleaning empire
The ‘big OE’ is a rite of passage for many Kiwis — but for CrestClean’s Grant McLauchlan and Rene Mangnus it was also the catalyst for a business idea that would see them become industry leaders.
Article \ 4 May 2022
AI inventorship: ‘The Rise of the Machines’ overturned in Australia
The landmark Australian Federal Court decision in July 2021 (discussed in a previous article here), in which Australia became the first country to allow an artificial intelligence (AI) inventor has been overturned on appeal.
Article \ 2 May 2022
Avoiding copyright lawsuits: record-keeping for creatives
The English High Court recently found in favour of musician Ed Sheeran in a copyright infringement case. Fellow English musician Sami Chokri, who performs under the name Sami Switch, had claimed that Sheeran’s 2017 hit song Shape of You copied an element from his own 2015 song, Oh Why. The judge firmly disagreed, finding there to be significant differences between the songs and concluding that Sheeran had not deliberately, or subconsciously, copied Chokri’s work.
Article \ 1 Apr 2022
Update to the EPO Guidelines for Examination
On the 1 March 2022, the newest edition of the European Patent Office’s (EPO) Guidelines for Examination came into force. James Richardson-Bullock and Matt Devine summarise the EPO’s recent update to the Guidelines.
Article \ 31 Mar 2022
NFTs: what exactly are you purchasing?
Harvey Henderson and Kieran O’Connell of AJ Park explain what businesses should be aware of when purchasing an NFT
Article \ 31 Mar 2022
When testing your invention can invalidate your patent
In some cases testing your invention can invalidate your patent. AJ Park experts John Foulkes and Wes Jones highlight two cases where patents were challenged on the grounds of prior disclosure including prior use.
Article \ 28 Mar 2022
Access to microorganism deposits under the Budapest Treaty
To obtain a patent, the invention must be disclosed in a manner that is clear enough and complete enough for it to be performed by a person skilled in the art — this is called the “disclosure requirement”. For many inventions, this can be satisfied through drawings and a text description. But for inventions based on microorganisms, a sample of the microorganism may be required to ensure repeatability.