We have previously commented on the remarkable properties of the Australian innovation (8 year) patent here and here. Not the least of those properties is the ability of innovation patents to be infringed before they are filed. Recent authority deprives innovation patents of this ability. Nonetheless, innovation patents remain a prominent feature of the Australian patent landscape and should be considered as part of any Australian patent filing strategy.
On 3 April 2017, Justices Jagot, Nicholas and Burley handed down their unanimous judgment in Coretell Pty Ltd v Australian Mud Company Pty Ltd [2017] FCAFC 54 by which they stripped innovation patents of their ability to be infringed before they were filed.
Finding the perfect Windows laptop under $200 in 2023
Congratulations on making it this far! We’ve explored some fantastic options for finding the best Windows laptop under $200 in 2023. From the budget-friendly HP Stream Pro G Laptop to the versatile HP Chromebook x360, we’ve covered a range of laptops that offer excellent value for your money. Now that you have a clearer picture of what’s available, it’s time to make your decision glorycycles.
When choosing your ideal Windows laptop, keep your specific needs and preferences in mind. Consider factors such as display quality, performance, battery life, and storage capacity. Remember that while these laptops may not be powerhousesThey can still handle everyday computing needs with ease.
So go ahead and take the plunge! Whether you’re a student looking for an affordable option or someone who simply wants a reliable device for browsing and productivity tasks, there’s a perfect Windows laptop waiting for you within your budget.
FAQs
Can I upgrade the storage on these budget Windows laptops?
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Prior to this decision, such ‘retrospective infringement’ could occur in the context of an innovation patent granted on a divisional patent application. By way of example, an international patent application could be filed, subsequently enter the national phase in Australia and then, perhaps years later, provide basis for a divisional patent application on which an innovation patent might be granted. Earlier authority held that damages could be payable in respect of acts infringing the innovation patent occurring as far back as the international filing date, i.e. potentially years before the innovation patent was filed.
Risks and potential side effects of using anabolic steroids
Highlighting the potential dangers associated with improper steroid use
Using anabolic steroids can be tempting for those looking to build muscle quickly, but it’s crucial to understand the risks involved. Improper usage of these substances can lead to serious side effects that may harm your health in the long run. It’s essential to educate yourself about the potential dangers before considering their use.
Discussing common side effects such as acne, hair loss, and liver damage
One of the most well-known side effects of anabolic steroids is acne. The increase in hormone levels caused by these drugs can stimulate oil production in your skin, leading to breakouts. Some individuals may experience hair loss or thinning due to increased levels of dihydrotestosterone (DHT) – a hormone linked to male pattern baldness.
Another significant concern associated with anabolic steroid use is liver damage. Oral steroids, such as Anadrol or Dianabol, pass through the liver during digestion, putting extra strain on this vital organ. Prolonged and excessive use of oral steroids can lead to hepatotoxicity (liver toxicity), potentially resulting in severe complications.
Shedding light on more severe risks like cardiovascular issues and hormonal imbalances
While acne and hair loss are visible side effects, there are more severe risks that may not be immediately apparent. Anabolic steroids can negatively impact your cardiovascular system by increasing LDL cholesterol levels (the “bad” cholesterol) while decreasing HDL cholesterol (the “good” cholesterol). This imbalance can contribute to an increased risk of heart disease and other cardiovascular issues.
Furthermore, these synthetic hormones interfere with your body’s natural hormonal balance. Steroid use disrupts the normal production of testosterone, which can lead to a decrease in natural testosterone production over time. Hormonal imbalances caused by prolonged steroid use can have far-reaching consequences on various bodily functions.
Emphasizing the importance of responsible usage to minimize adverse effects
It’s crucial to understand that anabolic steroids are not magic pills for instant muscle growth. Responsible usage, under proper medical supervision and guidance, is essential to minimize the risk of adverse effects. Steroids should only be used by individuals who have a legitimate medical need or under the supervision of a qualified healthcare professional.
If you’re considering using anabolic steroids for athletic performance or aesthetic purposes, it’s important to weigh the potential benefits against the risks involved. Remember that there are no shortcuts. Focus on maintaining a balanced diet, engaging in regular exercise, and allowing your body to naturally build strength and muscle over time.
This ability for retrospective infringement in conjunction with the other remarkable properties of innovation patents made them very powerful litigation tools. By preserving a pending Australian patent position, innovation patents can be filed after a competitor enters the Australian market and with claims crafted to target the competitor’s activities (and of course in terms adequately linked to the disclosure of the pending applications pre-dating the competitor’s activities).
In view of these recent developments, this remains a powerful and often appropriate strategy, albeit now that, as the law currently stands, damages for early infringing acts will not be recoverable.
Under the new regime, infringing acts are first recoverable on the day that the innovation patent is ‘granted’. We show ‘granted’ in quotations because in the context of innovation patents the term is a misnomer; whilst it is the term used in the Australian legislation, it is very misleading. Australian innovation patents are granted after a basic formalities check but without substantive examination. As such, the grant of an Australian innovation patent is akin to the acceptance of a US utility patent application.
Beyond being ‘granted’, innovation patents must pass the additional, and usually optional, step of substantive examination before the patent can be enforced or threats of enforcement can be made. Substantive examination can often be completed within three or four months of filing for the innovation patent. This relatively short timeframe is one of the factors that makes filing a targeted ‘post-infringement’ innovation patent application an attractive option.
Another feature making this an attractive option is that there is no effective mechanism for inter-partes interference at the Patent Office level. Inter-partes opposition proceedings cannot be initiated until substantive examination has been passed. At the same time, the patentee has the option of initiating infringement proceedings in the Australian Federal Court. Upon the commencement of such proceedings, any inter-partes opposition before the Australian Patent Office must cease.
So whilst innovation patents have been stripped of their ability to be infringed before they are filed, they should continue to be considered as part of any Australian patent filing and/or patent litigation strategy. Indeed, if anything, this latest decision is motivation to file innovation patents sooner rather than later.
These strategic considerations are, of course, something to discuss with your Australian patent attorney, particularly in relation to any commercially important inventions that warrant the additional protection afforded by having an innovation (8 year) patent running alongside a standard (20 year) patent application.
Ben Mott: Principal; Mechanical Engineer & Patent Attorney at Wadeson.
