"Many Australian businesses look to China as offering opportunities for business growth both in China and globally. China is recognised as a complex and challenging market, however businesses trading successfully with China tend to be more competitive both domestically and in the international market in response to those learnings."
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.
Marcus specialises in patent matters related to chemistry and his main areas of expertise are the drafting and prosecution of patent applications, oppositions, providing validity and infringement advice, and conducting “freedom to operate” patent searches.
Marcus is a registered Australian Patent and Trade Marks Attorney.
WIPO has published its World Intellectual Property Indicators 2016 report, which details a healthy growth of intellectual property filings in 2015. Overall, the statistics demonstrate a positive trend in global innovation for the year, with patent filings increasing by 7.8% and trade mark filings increasing by a staggering 15.3%.