Patent Law in Australia
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By: Colin Bodkin
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.
AI Overview
The book "Patent Law in Australia" by Colin Bodkin is a comprehensive guide to the intricacies of patent law in Australia. Here is a detailed overview of the book, including its key themes, structure, and critical reception:
Key Themes
Introduction to Australian Patents System: The book begins with an introduction to the Australian patents system, providing a foundational understanding of how patents are obtained, maintained, and enforced in Australia (Chapter 1) .
Statutory Definition of Invention: It delves into the statutory definition of invention, which is crucial for determining what constitutes a patentable invention (Chapter 2) .
Novelty and Inventive Step: The book explores the concepts of novelty and inventive step, which are essential criteria for patent validity. It discusses the requirements for an invention to be considered novel and non-obvious (Chapters 3 and 4) .
Internal Requirements for Validity: It examines the internal requirements for patent validity, including utility, which ensures that the invention has practical application (Chapter 5) .
Revocation of a Patent: The book covers the revocation of patents, including the grounds for revocation and the procedures involved (Chapter 7) .
Rights of the Patentee: It discusses the rights of the patentee, including the exclusive rights granted by a patent and how these rights can be enforced (Chapter 9) .
Licensing and Assignment: The book addresses licensing and assignment of patents, providing guidance on how patents can be licensed or assigned to other parties (Chapter 10) .
Patent Office Proceedings: It covers the procedures and processes involved in dealing with the patent office, including applications, amendments, and hearings (Chapters 13-15) .
Extensions of Time and Hearings: The book also discusses extensions of time for patent applications and the procedures for hearings and appeals (Chapters 16 and 17) .
Appendices: The book includes appendices that provide additional information on specific topics such as deposit requirements for micro-organisms and exploitation of inventions by the Crown (Appendices 1 and 3) .
Critical Reception
While there is no specific critical reception mentioned in the provided sources, the book is generally recognized as a specialist guide to obtaining, maintaining, and enforcing patents in Australia. Dr. Colin Bodkin, the author, is a patent attorney with a scientific background in industrial research and development, which lends credibility to the content of the book .
Plot Summary
The book does not have a traditional narrative plot but is structured as a comprehensive guide. Each chapter is designed to provide detailed information on specific aspects of patent law in Australia. The structure is logical and systematic, making it easy for readers to navigate and understand the complex legal framework surrounding patents in Australia.
Editions
The book has been published in multiple editions, with the latest edition being the fourth edition. The third edition was also available, indicating that the book has been regularly updated to reflect changes in patent law .
In summary, "Patent Law in Australia" by Colin Bodkin is a definitive guide for anyone seeking to understand the intricacies of patent law in Australia. Its comprehensive coverage of key themes and structured approach make it an indispensable resource for patent attorneys, researchers, and legal professionals.