Patent & Trade Mark
David Herman
David Herman
Patent Attorney

Level 14, 90 Collins Street
Melbourne VIC 3000
Tel +61 3 8618 4137
Fax +61 3 8618 4199
Recent Publications
07 May 2018
Based on a recent decision by New Zealand’s Intellectual Property Office (IPONZ), patent applicants wishing to amend the specification during examination in New Zealand no longer need to provide a specific statement of support in the original specification for each and every proposed amendment.

06 Apr 2018
A Private Member’s Bill proposed to be introduced for debate in New Zealand’s Parliament may provide New Zealand innovators access to a second-tier patent system, affording them the opportunity for patent protection for inventions that may not qualify for a standard patent.

09 Mar 2018
From 5 April 2018, various amendments to the Patents Regulations 2014 come into effect in New Zealand to address a few unintended problems arising from the new Patents Act 2013 and its Regulations. Issues being fixed include addressing filing requirements around divisional claims and microorganism deposits.
David is a Patent Attorney in our Melbourne Chemistry team, and has extensive experience in handling the Australian and New Zealand patent prosecution strategy for both local and overseas clients, and assists them to obtain patent protection that aligns with their wider commercial strategy. David also has experience in patent oppositions and revocation actions before the Australian and New Zealand Patent Offices, assignments of ownership, and amendments. He also has assisted with providing freedom to operate, infringement and validity, and strategic patent advice.

Prior to joining FB Rice, David spent over seven years in scientific research, including as a Postdoctoral Research Fellow at the MacDiarmid Institute for Advanced Materials and Nanotechnology at Victoria University of Wellington, New Zealand. In this role, he researched and developed strongly magnetic nanomaterials for use in the diagnosis and treatment of cancer via magnetic resonance imaging (MRI) and targeted drug delivery/hyperthermia. Other research projects he worked on include the synthesis of polymers for use in biomedicine, developing functional gold materials for use in cancer phototherapy, and synthesising hybrid nanostructures for catalytic and engineering applications.

David obtained a PhD in Chemistry from Victoria University of Wellington, where he developed synthetic techniques to control the size and shape of strongly magnetic iron particles for use as MRI contrast agents for the early stage detection of reticuloendothelial cancer tumours. His research also included a secondment at the Centre for High Technology Materials (CHTM) at the University of New Mexico, Albuquerque in the United States. David has published his work in a variety of peer reviewed academic journals, and presented his research at various international conferences and symposia.

David also holds Bachelor of Biomedical Science in Molecular Pharmacology and Medicinal Chemistry, a Graduate Diploma in Science and Technology, and a Bachelor of Science in Chemistry (Honours). As a result, he offers strong credibility across the fields of chemistry, biomedicine and nanotechnology.

David has seen his research transition from the laboratory to being commercialised as a spin-off company, giving him a sound awareness of the connection between science, business, and commercial principles to research and innovation. Through this transition, David helped facilitate a number of collaborations between universities and institutions, hospitals, commercialisation offices, and commercial organisations across Oceania, Asia, Europe and the Americas, where intellectual property rights was a core focus.

  • Master of Intellectual Property Law from the University of Melbourne
  • PhD in Chemistry, Victoria University of Wellington, New Zealand
  • Bachelor of Science in Chemistry (Honours)
  • Graduate Diploma in Science & Technology
  • Bachelor of Biomedical Science in Molecular Pharmacology and Medicinal Chemistry
Key Areas of Expertise
  • Inorganic chemistry
  • Medicinal chemistry
  • Materials & polymer chemistry
  • Pharmacology & drug design
  • Animal healthcare
  • Food science
  • Pharmaceuticals
  • Nanotechnology
  • Nanomaterial synthesis & characterisation
  • Product commercialisation
 Professional Affiliations
  • Member of the Institute of Patent and Trade Mark Attorneys (IPTA)
  • Member of the Intellectual Property Society of Australia and New Zealand (IPSANZ)
  • Victorian IPSANZ Committee Member
  • Member of the Royal Australian Chemical Institute (RACI)
  • Member of the New Zealand Institute of Chemistry (NZIC)
  • Member of Chemistry Australia