Patent & Trade Mark
Attorneys
We are
Experts in Navigating IP in the Asia Pacific Region
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.

 

Connie Merlino

Partner

Connie Merlino
“The patentability of software remains a grey area under Australian law and around the world. But patenting software is possible in the right hands. Our Information Communications and Technology team at FB Rice are experts at ensuring that software inventions are robustly protected worldwide.”
“The patentability of software remains a grey area under Australian law and around the world. But patenting software is possible in the right hands. Our Information Communications and Technology team at FB Rice are experts at ensuring that software inventions are robustly protected worldwide.”
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.
07 June 2017
Joanne Martin included in 2017 Top 250 Women in IP
Trade Marks Partner Joanne Martin has been listed as one of the Top 250 Women in IP for the second year in a row by MIP IP Stars. Joanne is joined by only 7 other leading female IP professionals in Australia in this group of women.
Trade Marks Partner Joanne Martin has been listed as one of the Top 250 Women in IP for the second year in a row by MIP IP Stars. Joanne is joined by only 7 other leading female IP professionals in Australia in this group of women.
Heidi Solnordal

Trade Mark Lawyer

Heidi Solnordal

Heidi is a Trade Marks Lawyer in our Melbourne office and is a qualified intellectual property lawyer with several years’ experience managing trade mark portfolios. She has worked in both contentious and non-contentious intellectual property matters, bringing a strategic and commercial approach to the Trade Marks team.

Heidi is a Trade Marks Lawyer in our Melbourne office and is a qualified intellectual property lawyer with several years’ experience managing trade mark portfolios. She has worked in both contentious and non-contentious intellectual property matters, bringing a strategic and commercial approach to the Trade Marks team.

07 June 2017
Patentability of software inventions
Software patents have been the subject of controversy for some time. According to the most recent Australian court decision Commissioner of Patents v RPL Central Pty Ltd1 (RPL Central), the relevant question is whether the invention is in substance a scheme or plan or whether it can broadly be described as an improvement in computer technology.
Software patents have been the subject of controversy for some time. According to the most recent Australian court decision Commissioner of Patents v RPL Central Pty Ltd1 (RPL Central), the relevant question is whether the invention is in substance a scheme or plan or whether it can broadly be described as an improvement in computer technology.
WIPOs First Millionaire | Chinese Patent Filings Break New Record
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%.
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%.