I wrote this piece a long time ago, before the world changed. I wondered about swapping it for something corona-ish, especially as there are some fascinating things going on in the patent world in that area right now. For example, there is talk of both patent rights being “undermined” by State march-in rights under existing legislation, and patent rights being increased under proposed...
If I’m honest, part of the reason I came back to the Bar after nearly six years hearing cases at IPONZ was that I was a bit lonely. I really did like lots of things about that role. I loved running hearings, and I got huge satisfaction from the way patiently untangling each aspect of the law and the facts would usually lead to a clear overall answer. It seemed like magic – the slow...
I am a little anxious about this post. Am I about to stick a knife into a sacred cow? Will it attack me? So I’ll dive straight in: I don’t think patent examination hearings really work in many instances. The structure and the system don’t match the skill-sets of the people involved. Let’s think about what happens when you file a patent application. The patent...
