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Challenging the validity of patent rights in Australia: options and strategies
Australian patent rights can be challenged on a wide range of grounds throughout the life of a patent, but not all the grounds are available at each stage of a patent’s life cycle, and therefore it is useful to know what options are available and the advantages and disadvantages that come along with each of these options. The most appropriate course of action will depend on a variety of factors, such as: the specifics of the matter and which grounds lend themselves to those specific issues, the commercial objectives, and the costs which are likely to be incurred. There are also a variety of important strategic considerations that can influence the most appropriate course of action to challenge patent rights.

In particular, this webinar will cover:
• the life cycle of a standard Australian patent;
• pre-grant challenges: a) third party observations, b) substantive oppositions (including appeals to a Court) and c) re-examination,
• post-grant challenges: a) re-examination, and b) revocation before the Courts, and
• case studies will be provided.

Feb 8, 2022 01:00 PM in Canberra, Melbourne, Sydney

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Dr. Mike Zammit
Principal / Registered Australian and New Zealand Patent Attorney @Spruson & Ferguson
Dr. Mike Zammit is a Patent Attorney (Principal) at Spruson & Ferguson and specialises in the chemical sciences. Mike has an undergraduate degree in industrial chemistry, a PhD in chemical engineering, and over 18 years’ experience in Intellectual Property. He specialises in all aspects of the patenting process, including: IP audits; preparation, filing and prosecution of patent applications in Australia and New Zealand and abroad. He regularly advises his clients on patent validity and infringement issues and has extensive experience advising his clients on strategies for challenging patent rights. He has been involved in dozens of patent oppositions.
Dr. Doug Horton
Principal / Registered Australian and New Zealand Patent Attorney @Spruson & Ferguson
Dr. Doug Horton is a Patent Attorney (Principal) at Spruson & Ferguson and has about 15 years’ experience in Intellectual Property. Doug specialises in chemical inventions as he has a PhD in medicinal chemistry and a Bachelor of Applied Science in Drug Design and Development. He works and provides advice in relation to patents across the full breadth of the patenting process, including drafting, filing and prosecuting patent applications in Australia, New Zealand and internationally, and providing advice and opinions in relation to validity and infringement issues.