Patent & Trade Mark
Attorneys
We are
Experts in Navigating IP in the Asia Pacific Region
Working with clients in
Thanks to many years of global experience, FB Rice has a network of trusted advisors in all key jurisdictions. We turn to those advisors when assisting our clients to promote their interests.

For specific information on our Asia Pacific capability, click here.
One door to South East Asia
For a seamless service for filing and prosecuting patent and trade mark applications in South East Asia, click here.
Joanne Martin

Partner

Joanne Martin
"Obtaining appropriate trade mark registration is a strategic process, to meet legal requirements, ensure freedom to use without infringing the rights of others, to place others on notice of IP rights and to provide strong, enforceable rights against infringers. Protection should be part of what a business is doing, reflecting the level of importance of marks and brands, and the level of determination to protect those rights."
"Obtaining appropriate trade mark registration is a strategic process, to meet legal requirements, ensure freedom to use without infringing the rights of others, to place others on notice of IP rights and to provide strong, enforceable rights against infringers. Protection should be part of what a business is doing, reflecting the level of importance of marks and brands, and the level of determination to protect those rights."
New Zealand to introduce a one-year grace period
New Zealand looks set to introduce a new one-year grace period into the Patents Act 2013 after ratifying the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) on 25 October 2018.
New Zealand looks set to introduce a new one-year grace period into the Patents Act 2013 after ratifying the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) on 25 October 2018.
06 September 2018
Australia China Technology Incubator Bootcamp - Melbourne date announced!
The Australia China Technology Incubator (ACTI) Melbourne date has been announced. The two-day Bootcamp, funded by the Department of Industry, Innovation and Science, will run on the 25-26 October.
The Australia China Technology Incubator (ACTI) Melbourne date has been announced. The two-day Bootcamp, funded by the Department of Industry, Innovation and Science, will run on the 25-26 October.
Stuart Campbell

Associate

Stuart Campbell
Stuart has a broad technical background based in product development and manufacturing.  His experience is focused on mechanical related technology including 3D printing, automotive parts and accessories, audio recording, mining, construction, and robotics.  Stuart has drafted and successfully prosecuted many patent applications, largely acting for Australian clients.  He also has thorough experience of registering industrial designs in Australia and overseas

 

Stuart has a broad technical background based in product development and manufacturing.  His experience is focused on mechanical related technology including 3D printing, automotive parts and accessories, audio recording, mining, construction, and robotics.  Stuart has drafted and successfully prosecuted many patent applications, largely acting for Australian clients.  He also has thorough experience of registering industrial designs in Australia and overseas

 

22 May 2017
Best method: the New Act
Any applicant for patent protection in Australia must disclose the best method for performing the invention known to it at the time of filing a complete application. Failing to disclose the best method will impact not just one or two claims, but can invalidate an entire patent.
Any applicant for patent protection in Australia must disclose the best method for performing the invention known to it at the time of filing a complete application. Failing to disclose the best method will impact not just one or two claims, but can invalidate an entire patent.
Inventorship – a muddy concept at best
Inventorship has been described as “one of muddiest concepts in the muddy metaphysics of the patent law.” Mueller Brass Co. v. Reading Industries, Inc., 352 F.Supp. 1357, 1372 (E.D.Pa. 1972). Determining inventorship is a complex issue that is undertaken on a much stricter basis than authorship of a scientific publication. It can also be a particularly contentious issue when people are not named as inventors. Not only can this lead to alienation, but it can also lead to legal issues. For example, a patent may be invalid if incorrect inventors are intentionally named. During litigation, a defendant may also be able to identify an unnamed inventor and obtain an assignment from them, thereby qualifying as a co-owner of the patent and no longer subject to the litigation.
Inventorship has been described as “one of muddiest concepts in the muddy metaphysics of the patent law.” Mueller Brass Co. v. Reading Industries, Inc., 352 F.Supp. 1357, 1372 (E.D.Pa. 1972). Determining inventorship is a complex issue that is undertaken on a much stricter basis than authorship of a scientific publication. It can also be a particularly contentious issue when people are not named as inventors. Not only can this lead to alienation, but it can also lead to legal issues. For example, a patent may be invalid if incorrect inventors are intentionally named. During litigation, a defendant may also be able to identify an unnamed inventor and obtain an assignment from them, thereby qualifying as a co-owner of the patent and no longer subject to the litigation.