Patents

Patents - Australia

A valuable combination of experience and expertise

Our patent law expertise stems from working with many of Australia’s largest and most dynamic technology organisations and pharmaceutical companies as well as the leading research institutions. As a consequence, we provide technically excellent patent advice and stronger negotiating positions for clients, which in turn results in them achieving the best outcomes in a cost-efficient manner. Our litigation experience is second to none having acted in a high number of high profile litigations, particularly in the technology, medical device and pharmaceutical sectors.

As the market becomes increasingly global, we draw on our direct presence on the ground and strong local knowledge here in Australia as well as overseas to provide multi-jurisdictional licensing and research and development (R&D) advice and cross-border collaboration on deals.

Our Australian team can offer you patent advice covering:

  • Searches and freedom to operate advice
  • Marketing, product launch and advertising law issues
  • Technology development structures (partnerships, joint ventures and co-operative agreements)
  • Technology transfer arrangements
  • Commercialisation of technology (structuring, licensing strategies, R&D and venture capital)
  • Seeking re-examination of patents
  • Developing and implementing enforcement and defensive strategies including tactical use of the patent certification system for maximum strategic advantage
  • Implementation of strategies for monitoring and deterring infringements
  • Oppositions before the Commissioner of Patents in Australia
  • Representing clients in Australian Courts at all levels including conducting infringement and revocation litigation proceedings (including interlocutory injunction applications or defences)

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Broad experience across sectors

We advise clients in a range of industries including telecommunications, energy & resources, consumer products, food and beverage, pharmaceutical, biotechnology, chemical, engineering, agrichemicals, mining financial services, IT and electronics.

For example, we act as key advisor to leading scientific and research institutions on global licensing agreements (commercialisation), clinical trial agreements, ARC linkage agreements, numerous patent licences, research alliances, spin-off company exits and the creation and updating of a suite of standard research, technology transfer and other IP commercialisation agreements.

Our successful track record in major patent litigation across Australia covers a range of industries – but in particular the pharmaceutical, medical devices, telecommunications, software and mechanical engineering sectors.

We have a full team specialising in this area.

Discover our latest insights into legal issues affecting your business

On 25 August 2017, the Government tabled its long-awaited response to the Productivity Commission’s recommendations in relation to Australia’s intellectual property arrangements.

28 August 2017

Productivity Commission released its draft report on its inquiry into Australia’s intellectual property arrangements.

29 April 2016

High Court finds patent claims for isolated gene sequences, indicative of a predisposition to breast cancer, are not patentable subject matter.

08 October 2015

The High Court agreed with the Full Court below that the claimed invention lacked inventive step in light of the CGK considered with either of two prior art documents.

03 September 2015