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- Issue 81: April 2009
- Issue 80: March 2009
- Issue 79: February 2009
- Issue 78: December 2008
- Issue 77: November 2008
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A Trap for Those Uninformed.

Garry Boyd
From an Intellectual Capital Perspective

Issue 80: March 2009
Page: 1 of 1 Author's Profile | Send to a Friend | Printer Version

Those that read this intellectually dormant column will know I have an interest in patency matters. I read them, I file them and for the want of a better expression, I create them. My main focus is of course the bewitching yet bewildering world of pharmacy.

A new pharmacy product recently came under my radar and grabbed my attention. I’m not able to share the name of the product with you for two reasons. Firstly, I don’t wish to presume the inventor has not taken suitable advice, and secondly, the product is in my own field of interest.

The product has been “published” in at least one magazine and has appeared on the net by virtue of an item released by a university. As a university was apparently connected to the product I did a search of both the Australia and US patent data bases.


This intrigued me because even though in both of these domains a 12 month period of “grace” is provided before a patent has to be filed after the material has been published it is a very risky strategy. Clearly a not small amount of money has been spent on the product so why not at least file a provisional application if the product is approaching the commercial ready stage?

Another interesting issue is the validity of IP Australia changing the Patents Regulations to allow this 12 month period of grace instead of Parliament changing the Patents Act.

Chinese whispers coming from the august halls of Owen Dixon Chambers in Melbourne suggest it may only be a matter of time before IP Australia finds the regulations being challenged.

One can only guess at the magnitude of the ensuing kerfuffle should a product suffer the immense financial indignity of having a patent application fail under such circumstances.

Garry Boyd.

March 2009.


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