One of the major Australian patent developments is a Federal Court judge’s decision in July 2021 that delivered the world’s first ever ruling favouring artificial intelligence inventorship. This progressive view on DABUS is considered a trailblazer for patent protection supporting future innovation, while Australian practitioners expect it to be overturned...
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One of the major Australian patent developments is a Federal Court judge’s decision in July 2021 that delivered the world’s first ever ruling favouring artificial intelligence inventorship. This progressive view on DABUS is considered a trailblazer for patent protection supporting future innovation, while Australian practitioners expect it to be overturned by the upper courts very soon. Another significant patent-related ruling in the country concerns third-party involvement in pharma patent disputes. The judgment has established that third parties are not barred from seeking damages from failed litigants and sets out the conditions for obtaining compensation. The risk of disputes with insurers and state healthcare providers therefore remains. Foreseeably, these latest precedents would have a tremendous impact on the patent landscape – not just within the jurisdiction itself, but also the rest of the world.
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