Duncan Bucknell
Strategic Intellectual Property
A registered design buys you a finite head start, not a permanent moat. When it lapses, competitors are free — and, the law says, encouraged — to copy. The Federal Court’s...
Strip the case names away and one pattern runs through this month’s posts: the decisive moment in an IP matter almost never happens in the courtroom. It happens years earlier —...
A decade-long battle over an anti-scaling method for the Bayer process has just delivered a sharp reminder that patent claims are commercial instruments, not afterthoughts. In Nalco Company v Cytec Industries...
A catchy name and a fast start built a billion-dollar lending business — but neither could rescue the trade mark when it mattered most. Australia’s High Court has now confirmed that...
How quickly a patent can lose its strategic value when the underlying disclosure isn’t built to withstand real‑world scrutiny. In the Federal Court’s decision in Orikan v VMS (No 2), Orikan’s...
The Davies v Lazer Safe decision is a timely reminder that in IP disputes, leverage often sits in the procedural details. The Court clarified that an old filing restriction—tied to documents...
European Patents – do applicants have to amend the description to match the allowed claims? Finally there is a referral to the Enlarged Board of Appeal (G1/25) to sort out this...
EPO enlarged board of appeal rules that non-reproducible commercial products are prior art when assessing novelty and inventive step. A product put on the market before the filing date of a European...
EPO Enlarged Board of Appeal clarifies claim construction – yes you do need to consult the specification to interpret the claims: IPKat; Cooley; Pinsent Masons Meta wins summary judgment win in...
Trink Tank tried to pre-empt a claim for trade mark infringement and ended up being out-maneuvered and it cost them a lot more money. Take some time to think through your...
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