Posts Tagged amp
Patents in Australia – Patenternational 2011 Videos
Posted by Metro in Uncategorized on January 22, 2012
Brian Goldberg (E|K|M Patent & Trademarks) – Australia
My name is Brian Goldberg. I’m from EKM Patent & Trademarks inAustralia.
I’ll read my slides, just because I know then that definitely sticks to the time limit and Kimberley will invite meback next time.
I thought I’d start with something that might be slightly different, and then go through the other scope of the patent aspects that we’re looking at, and, that’s an innovation patent. In Australia we have something known as an ‘innovation patent’ and it’s intended to provide IP rights for those incremental- and lower-level inventions that would not sufficiently be inventive to qualify for a standard patent. so, it’s got a lower threshold than a normal inventive, so all you need is an innovative step.
Some benefits are:
- that from an enforcement perspective, once you have it certified, it’s a process as well that automatically gets granted, and then you need an examination for certification.
- Once it’s certified, it’s legally enforceable – and that’s probably its strongest benefit.
- You can still convert it back to a standard patent, but there’s a quick time-limit of a month before this one will be granted.
- It’s fast, because you instantly get a granted innovation patent.
- And, because of the lower-threshold, it’s actually harder to invalidate, so you can be in a strong position toenforce it.
Some further benefits:
- If examined and certified, the innovation patent offers the same level of protection. And, in Australia, there’s not that many infringement matters in the patent area, due to the cost in other areas and the time taken. But, this is certainly an avenue that patent holders are looking at to enforce their rights.
- It’s cost-effective both from a filing point of view, as well as knowing that you’re going to get it certified andgranted. It means you can put the budget in place, or your clients can put the budget in place to do the enforcement quite confidently.
However there are limits. the limits are:
- It’s Australia only.
- It’s 8 years. You only get the rights for 8 years, not 20.
- There’s only 5 claims allowable in an innovation patent. so you’d have to think through the 5 most relevantclaims.
- And as I said, initially it was probably taken not so quickly, but now it’s certainly being used in the IP portfolio management of companies inAustralia.
So, moving to the normal one. the deadline in Australia is 31 months from the earliest priority claim. And just to make a note, there’s no Power of Attorney or Authorisation Agent required for National Phase or Convention applications.
Extensions –So as long as you don’t unintentionally miss doing something or paying the fee, you can apply for an extension under Section 223 of the Patents Act. so probably the only thing you could do to muck this up is send us an email saying ‘our client does not intend to proceed’ and then a month letter get an email ‘Oh, by the way, he’s changed his mind; he wants to proceed’. so, if you don’t do that it’s usually okay. the 2 main reasons are an error or omission byyourself, an employee, an agent or attorney, or circumstances beyond your control – delays in post, courier, sickness, accident – and that’s not a definitive list, so we could add into there. However, it doesn’t cover for lackof funds to pay excessive fees. so, if the client didn’t continue because of fees at the time, that’s not a strong enough reason. And the applications for an extension of more than 3 months are advertised by the patent office.
In terms of patent fee increases – on the 29th June the government approved increases in patent fees, which came into affect on 1st August. the total patent revenue for the financial year had increased by 6.8%, so that’s a small indication for us. Though, probably what’s important from a day to day basis if you are dealing with Australiais that our dollar has actually increased. now, for the first time in my life, (so closer to 40 years) it’s above parity with the U.S. dollar (and I haven’t checked today, but it was $1.07 when we left, which is very unusual – 10 yearsago it was 50 cents to U.S. dollar, then it lingered about the 60, 70, and now it would be above parity). so the firms,including us, we all haven’t worked out where we’re going to hedge our bets, but that has increased the costs, and something to note for a daily basis.
Acceleration – Presently it’s taking about 3 years to get an examination report. In fact, what IP Australia, the governing body in Australia have done, probably quite at the forefront of patent examination, is that they’ve set up apatent factory outside the patent office in a capital city, just across the road from us actually in Melbourne, and they’ve just got patent examiners sitting there in a factory environment churning out patent examinations. so, they’re very well set up for patent examinations and to attract those people they need to relocate to the main cities. And, the main reason that you’d want to accelerate, or that’s accepted are either, possible infringement reasons that you’d like to enforce you rights, as well as commercial reasons, such as, entering into license agreements, because inAustralia we understand that there’s bigger markets internationally. so, that’s a good reason to have your patent accelerated, and then it takes about 10-15 weeks, which is quite reasonable, and, as I said, they’re set up quite well to do that.
We also have green technology, so if you want your patent application to be examined more quickly, and it falls into a green technology, there is an avenue. I don’t think any emails required. I think you just write ‘green technology’ and you get that opportunity.
And, as well we’ve entered with the US into the patent prosecution highway programme. I’ll just read out themain aspects that need to confide to, to go along that path. the Australian claims must be sufficiently correspond with one or more of the claims of the allowable claims in the US application. And, it must be linked to a common US priority claim, or have a common initial filing date. the Australian application must not have already been examined by the Australian Patent Office. so, nothing too different there, and we’re part of that.
I’ll say very quickly, in terms of software and business methods. the answer is yes.
Yes to software – a mode or manner of achieving an end result of what we term ‘artificially created’. A lot of flowcharts in the patent applications; and, very popular at the moment in Australia.
I’ve got to admit, being a smaller market, it’s popular in the sense that they would like a big US firm to say ‘We need that exact application’, rather than do it themselves in Australia. so they do look to protect the patent as the only form of asset in Australia, and then seek a license deal. so it is very popular to see a lot of drafted I.T. orsoftware patent applications, as well as business methods – the answer is yes.
There is a slight differentiation with the business method. We’d like a technical solution or a technical advantage, but once again, artificially created gets you in the scope of justification.
Disclosure requirements – well, there’s been a removal of the obligation to lodge search results. so, it’s now relatively straight forward and the onus has been taken away.
And my final slide, what’s the relevance of the Australian market? – Well, we are diverse, and we do have various aspects:
- Certainly medical devices rate high -we have a high level of medical expertise.
- Hardware electricals.
- Software and business methods, butfor that reason, more than being and end market.
- Mining is certainly a boom at themoment that’s running our whole economy, but is dominated by some largerplayers, and quite controlled in Australia.
- Household goods
- Sports – definitely in the sports area.
- Transport
- Chemical biotechnology and,
- Pharmaceutical
So we do cover a wide range and in fact our clients also cover that aspect, so it is a broad area.
So thank you very much.
Patents in Australia – Patenternational 2011 Videos
Sponsoring projects: CJ encourages utilisation of justice development fund
Posted by Metro in Uncategorized on January 11, 2012
ISLAMABAD:
Chief Justice Iftikhar Muhammad Chaudhry on Saturday urged chief justices of all high courts to ensure that the Access to Justice Development Fund (AJDF) was utilised for enhancing the district judiciary’s capacity and the convenience of litigants.
He was presiding over a meeting of the governing body of the Access to Justice Development Fund at the Supreme Court.
The chief justice observed that the establishment of the AJDF, which is managed by the Law & Justice Commission of Pakistan, ensures that the genuine requirements of the district judiciary are met and legal aid and assistance is made available to people who cannot pursue their rights in the court of law. the governing body approves projects of organisations, as well as individuals, for funding from the AJDF.
The chief justice further appreciated the role of the LJCP in the promotion of legal awareness, particularly of vulnerable groups, by sponsoring projects of legal empowerment and provision of legal aid under the AJDF.
Besides approving accounts of the AJDF for the financial year 2010-11, the governing body also approved the amount recommended for the District Legal Empowerment Committees.
The governing body also approved the launch of the sixth phase of the AJDF for inviting project proposals from individuals, researchers, scholars, bar councils and associations, law colleges and research institutes across the country for release of funds from the allocated windows.
Published in the Express Tribune, January 8th, 2012.
Sponsoring projects: CJ encourages utilisation of justice development fund
Judges denying Juries
Posted by Metro in Uncategorized on January 10, 2012
MAGILL v CHILD SUPPORT AGENCY & COMMONWEALTHIn the COUNTY COURT OF VICTORIA
This case is an action by a father (his plight of paternity fraud is known to you) against Registrar of the Child Support Agency (sss) & others in the County Court of Victoria to make the Child Support Agency accountable for negligence, abuse of office and damages returnable on 13 October 2006 before Judge Anderson.
The Child Support Agency has been defended by the Commonwealth Government Solicitors at every step. Our unsung hero Cheryl King, Liam’s partner, worked hard on this case. Armed with Power of Attorney for Liam and little to no knowledge of the law is battling the Goliaths of the corruption system single handed. no lawyer wants to represent her. Yestrday 27/ 9/2006 and the preceding day she battled by herself in the County Court before Judge Anderson against a team of lawyers & Agency’s kingpins, not one person supported her for two full days.
A summary I believe is that the Child Support Agency wrongly assessesd Liam to be liable to pay thousands of dollars. It has been proven that the Child support Agency is wrong and blatantly refuse to refund him. not to mention the continued harrassment and abuse by this feminist animal.
Mr. Alby Schultz, MP, has provided large amounts of information and there is a possibilty he could be called upon to give evidence against this Agency. this case is of interest to every father who has dealings with this evil organistion. Minister Hockey has foolishly set up a team of 120 investigators – the size of another police force for a small nation – to hound fathers when in the main the problems are caused by inhumanity, abuse of Human Rights, Child Support Agency errors & blatant abuse , discriminatory policies, flawed legislation, egotist agendas etc.
This case in the County Court of Victoria will affect a lot of fathers. For those fathers who have experienced the tragedy of corruption and blatant discrimination this case may be of some comfort. please make yourselves available to support Cheryl, on behalf of Liam, you can no longer sit back and hope that someone else would do it.
Victims of the Divorce Industry, Domestic Violence Industry, Child Support usurpation Industry et al come on guys off your arses the women are doing it for us what’s the matter with you!
There has been a lot of publicity about the Magill case world wide and if you don’t know about it you don’t live on this planet. The Magill case was being talked about on Radio 3AW and Herald Sun as late as yesterday 27/9/2006 and a chapter will be dedicated to it in radio announcer, Darryn Hinch’s new book being release.
Yet, these proceedings in the County Court of Victoria (separate from the proceedings in the High Court of Australia for deceit or paternity fraud awaiting judgement) – this part of the devastation of Liams life – is being ameliorated by Cheryl King single handed. It’s not fair you guys the court should be full. Lets show Cheryl that Liam’s tragedy is our tragedy and our appreciation & that we care make it your date on 13 October 2006.
Cheryl’s email address: kingcems@alphalink.com.au
David Beckham Strips for H&M Underwear Ads [PHOTOS] – San Francisco Luxury Living
Posted by Metro in Uncategorized on January 7, 2012
David Beckham stripped down to his boxer-briefs in the new campaign for his underwear collection at H&M. New images showing the 36-year-old stud posing in tight briefs, revealing a toned torso, impressive tattoos, bulging biceps and a bulging package.
David Beckham in his Underwear
He posed in his skivvies before, when in 2009 he shot ads for Armani underwear. But this time, he’s giving it a personal touch. ”the underwear is totally my designs, and are things that I like to wear,” Beckham UK newspaper the Sun.
Beckham and his in-house creative team helped to design the collection, comprised of briefs, boxers, T-shirts, pajamas, vests and long johns. the line will be available at 1,800 H&M stores and online beginning Feb. 2, 2012.
“Working with a team has always been a key part of my life and I found that to be the same when developing this range. Collectively with my design team we spent time working on the feel, fit and style to ensure the product is not only something I would wear but one which I would be proud to put my name to,” David said in a statement. “I always want to challenge myself and this was such a rewarding experience for me. I’m very happy with the end result and I hope H&M’s male customers will be as excited as I am.”
He even emphasized how his pieces are different from conventional undergarments. the long johns, for instance, are multifunctional. “I sometimes wear them to go to sleep — they’re very cool,” he said.
David Beckham Strips for H&M Underwear Ads [PHOTOS] – San Francisco Luxury Living
New List of Skilled Occupations (SOL) – Immigration Lawyers Australia
Posted by Metro in Uncategorized on December 29, 2011
On this page you will find the new List of Skilled Occupations announced by Senator Chris Evens (Minister for Immigration & Citizenship) on 17th may this year to officially come into effect from 1st July 2010.
New Skilled Occupations List Intended to Replace the Current Skilled Occupation List from 1st July 2010
( see also below a Summary of Transitional Arrangements for onshore GSM Applicants Relating to the introduction of the new (SOL) Skilled Occupation List effective 1 July 2010)
A. SUBCLASS 485 VISA HOLDERS / APPLICANTS
If on 8 February 2010, You hold (or have an application pending for) a subclass 485 visa. the new SOL does not apply to GSM applicants who, on 8 February 2010:
- Held a Subclass 485 (skilled graduate) visa or had a pending subclass 485 visa application; and who
- Apply for a permanent or provisional onshore GSM visa by 31 December 2012;
B. AUSTRALIAN STUDENT VISA HOLDERS
On 8 February 2010 you held an Australian Student Visa including: Subclass 572, 573 & Subclass 574 These students have the opportunity to -
- Lodge a subclass 485 visa (temporary residence) using the old pre-17 may 2010 Skilled Occupation List (SOL) (see form 1121i at www.immi.gov.au - this form is the old SOL), if
- The subclass 485 visa application is lodged by 31 December 2012.
C. Employer Nomination Scheme Visas (Subclass 856 / 121) and Employer Sponsorship / sponsored Temporary Work Visas (Subclass 457)
Applications for subclass 457 ( temporary 4 year working visas) & ENS subclass 856 / 121 employer nominated permanent residence visas are not affected by the change in the Skilled Occupation List in any way. Subclass 457 occupations are set out on the subclass 457 gazette (see Federal Register of Legislative Instruments – F2009L03970, 26 October 2009, IMMI 09/125). The Employer Nomination Scheme Occupations List (ENSOL) sets out the occupatinos under which subclass 856 / 11 applications can be made. see also fomrm 1121i at www.immig.gov.au which indicates if an occupation on the old SOL is also on the ENSOL.
D. PENDING GENERAL SKILLED MIGRATION APPLICATIONS
At 17 may 2010, if you had a pending General Skilled Migration Application pending you are unaffected by the change in the Skilled Occupation List (SOL).
NEW SKILLED OCCUPATION LIST (SOL)
AZNSCO Code Corresponding Occupation —————————————————— 133111 Construction Project Manager 133112 Project Builder 133211 Engineering Manager 134111 Child Care Centre Manager 134211 Medical Administrator 134212 Nursing Clinical Director 134213 Primary Health Organisation Manager 134214 Welfare Centre Manager 221111 Accountant (general) 221112 Management Accountant 221113 Taxation Accountant 221213 External Auditor 221214 Internal Auditor 224111 Actuary 224511 Land Economist 224512 Valuer 231212 Ship’s engineer 231213 Ship’s Master 231214 Ship’s Officer 232111 Architect 232112 Landscape Architect 232211 Cartographer 232212 Surveyor 232611 Urban Regional Planner 233111 Chemical Engineer 233112 Materials Engineer 233211 Civil Engineer 233212 Geotechnical Engineer 233213 Quantity Surveyor 233214 Structural Engineer 233215 Transport Engineer 233311 Electrical Engineer 233411 Electronics Engineer 233511 Industrial Engineer 233512 Mechanical Engineer 233513 Production or Plant Engineer 233611 Mining Engineer (excluding petroleum) 233612 Petroleum Engineer 233911 Aeronautical Engineer 233912 Agricultural Engineer 233913 Biomedical Engineer 233914 Engineering Technologist 233915 Environmental Engineer 233916 Naval Architect 234111 Agricultural Consultant 234112 Agricultural Scientist 234113 Forester 234211 Chemist 234611 Medical Laboratory Scientist 234711 Veterinarian 241111 Early Childhood (pre-primary school) Teacher 241411 Secondary School Teacher 241511 Special needs Teacher 241512 Teaching of the Hearing Impaired 241513 Teaching of the Sight Impaired 241599 Special Education Teachers nec 251211 Medical Diagnostic Radiographer 251212 Medical Radiation Therapist 251213 Nuclear Medicine Technologist 251214 Sonographer 251411 Optometrist 251412 Orthoptist 252111 Chiropractor 252112 Osteopath 252311 Dental Specialist 252312 Dentist 252411 Occupational Therapist 252511 Physiotherapist 252611 Podiatrist 252711 Audiologist 252712 Speech Pathologist 253111 General Medical Practitioner 253211 Anesthetist 253311 Specialist Physician 253312 Cardiologist 253313 Clinical Haematologist 253314 Clinical Oncologist 253315 Endocrinologist 253316 Gastroenterologist 253317 Intensive Care Specialist 253318 Neurologist 253321 Paediatrician 253322 Renal Medicine Specialist 253323 Rheumatologist 253324 Thoracic Medicine Specialist 253399 Internal Medicine Specialist 253411 Psychiatrist 253511 Surgeon (general) 253512 Cardiothoracic Surgeon 253513 Neurosurgeon 253514 Orthopaedic Surgeon 253515 Otorhinolaryngonogist 253516 Paediatric Surgeon 253517 Plastic and Reconstructive Surgeon 253518 Urologist 253521 Vascular Surgeon 253911 Dermatologist 253912 Emergency Medicine Specialist 253913 Obstetrician and Gynaecologist 253914 Ophthalmologist 253915 Pathologist 253916 Radiologist 253999 Medical Practitioner nec 254111 Midwife 254411 Nurse Practitioner 254412 Registered Nurse (aged care) 254413 Registered Nurse (Child and family health) 254414 Registered Nurse (community health) 254415 Registered Nurse (critical care and emergency) 254416 Registered Nurse (development disability) 254417 Registered Nurse (disability and rehabilitation) 254418 Registered Nurse (medical) 254421 Registered Nurse (medical practice) 254422 Registered Nurse (mental health) 254423 Registered Nurse (perioerative) 254424 Registered Nurse (surgical) 254499 Registered Nurse 261111 ICT Business Analyst 261112 Systems Analyst 261311 Analyst Programmer 261312 Developer Programmer 261313 Software Engineer 263311 Telecommunications Engineer 263312 Telecommunications Network Engineer 272311 Clinical Psychologist 272312 Educational Psychologist 272313 Organisational Psychologist 272314 Psychotherapist 272399 Psychologists nec 272511 Social Worker 312211 Civil Engineer Draftsperson 312212 Civil Engineer Technician 312311 Electrical Engineer Draftsperson 312312 Electrical Engineer Technician 313211 Radiocommunications Technician 313212 Telecommunications Field Engineer 313213 Telecommunications Network Planner 313214 Telecommunications Technical Officer or Technologist 321111 Automotive Electrician 321211 Motor Mechanic (general) 321212 Diesel Motor Mechanic 321213 Motorcycle Mechanic 321214 Small Engine Mechanic 322211 Sheetmetal Trades Worker 322311 Metal Fabricator 322212 Pressure Welder 322313 Welder (first class) 323111 Aircraft Maintenance Engineer (avionics) 323112 Aircraft Maintenance Engineer (mechanical) 323113 Aircraft Maintenance Engineer (structures) 323313 Locksmith 324111 Panelbeater 324311 Vehicle Painter 331111 Bricklayer 331112 Stonemason 331211 Carpenter and Joiner 331212 Carpenter 331213 Joiner 332211 Painting Trades Workers 333111 Glazier 333211 Fibrous Plasterer 333212 Solid Plasterer 333411 Wall and Floor Tiler 334111 Plumber (general) 334112 Air conditioning and Mechanical Services Plumber 334113 Drainer 334114 Gasfitter 334115 Roof Plumber 341111 Electrician (general) 341112 Electrician (special class) 341113 Lift Mechanic 342111 Air conditioning and Refrigeration Mechanic 342211 Electrical Linesworker 342212 Technical Cable Joiner 342313 Electronic Equipment Trades Worker 342314 Electronic Instrument Trades Worker (general) 342315 Electronic Instrument Trades Worker (special class) 411211 Dental Hygienist 411212 Dental Prothetist 411213 Dental Technician 411214 Dental Therapist
Please contact either Ray Turner or Stewart Coulson of Turner Coulson Immigration Lawyers to discuss your immigration goals and to ensure you application is given its best chances of a positive outcome for you.
Ray and Stewart can be contacted on +61 (0)2 9264 4654 or by email at info@tcilawyers.com.au
This article should not be taken as legal advice and cannot be relied upon as a complete or accurate representation of the law. It is meant to be indicative only and a general informative guide to the visa application process.
New List of Skilled Occupations (SOL) – Immigration Lawyers Australia
