Terminal and Disconnection Link

Phoenix Contact GmbH & Co. KG v Pivot Electronics Pty Ltd [2021] APO 16

 

 

In the previous decision of Phoenix Contact GmbH & Co. KG v Pivot Electronics Pty Ltd, [2020] APO 35, it was found that claims 1, 2 and 10-12 were not novel and that claims 1-3 and 10-14 did not have an inventive step.  An opportunity to amend was provided.  The amendment was allowed.  The amendment was not opposed. 

Before final determination, the Patent Office provided the parties an opportunity to be heard.  A number of the proposed claims (including claim 1) were found to lack an inventive step.  In allowing a further opportunity to amend to correct deficiencies weight was given to: (i) there being patentable subject matter; and (ii) a genuine attempt to amend having been made.

In the words of the Hearing Officer: ‘The present case is somewhat similar to the Merial case.  Although perhaps a little misconceived in the present case, I think the applicant has made a genuine attempt to address the findings of the previous decision.  Moreover, it is clear that there is patentable subject matter in the specification.  The claims in the present claim set without any identified deficiencies would appear to be a useful reference… I will allow the applicant a further opportunity to file further amendments to overcome the present deficiencies.’

 

(Numbering issues and indentation issues still to be fixed below)

Context-Specific User Interfaces (20-July-2021)

Apple Inc. [2021] APO 18

There have been a number of decisions from the Australian Patent Office regarding some software related inventions.

[2021] APO 37

[2021] APO 26

[2021] APO 18

[2021] APO 07

[2021] APO 10

[2021] APO 12

[2021] APO 11

[2021] APO 03

[2021] APO 25

Apple Inc. [2021] APO 18 is a favourable decision from the Patent Office. 

In the words of the Hearing Officer: ‘users often rely on their portable multifunction devices to know the time and therefore it is desirable to allow the user to access this information through an interface that is simple and intuitive to use and that can be easily customised in relation to the user’s preferences and the information they provide, based on the context.’

We are yet to perform a full review of the corresponding patent (472 pages).  Nonetheless, a summary of the decision follows below.

We intend publishing reviews online of all relevant software related Patent Office decisions, as well as several upcoming Federal Court decisions.

Please stay tuned.

(Numbering issues and indentation issues still to be fixed below)