Innovation patents – enjoy them while they last
15 February 2012
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Emma Barraclough, London
An attorney who drafted two innovation patents that his client last week successfully defended in the Australian High Court has urged IP owners to make more use of the system – before it is too late
On Friday the High Court refused an application from Richard Bass to appeal a decision of the Full Federal Court, which ruled in July that the company’s fish-stunning apparatus infringed Seafood Innovations’ two innovation patents.
That decision overturned a ruling of the first instance court, which had concluded that there had been no infringement.
At the time, lawyers pointed to the decision to underline how useful innovation patents can be for inventors – and how they can put rivals at a serious commercial disadvantage.
“Patent applicants have found that they can place significant hurdles in front of defendants in patent litigation trials. The result is that...
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