[Linux-aus] Re: Dealing with the patent process

Kimberlee Weatherall k.weatherall at unimelb.edu.au
Wed Aug 4 10:29:02 UTC 2004

>Actually, I was under the impression that all US patents would have to go 
>through the local normal patents process (and this has already started, so 
>we need to get our skates on). Perhaps a lawyer could confirm this? :)

Short answer is yes, this is right.  So far as you are talking about within 
Australia, patents have to pass through our examination processes here in 
Australia - we don't just rubber stamp US patents.

Of course, that will only help you if you are sued in Australia.  If you 
make something that is non-infringing here, it could still be prevented 
from being imported into the US if a US patent has been granted.



Kimberlee Weatherall
Associate Director and Lecturer
Intellectual Property Research Institute of Australia (http://www.ipria.org)
Law School, The University of Melbourne, Victoria 3010
Ph: (61 3) 8344 1120 Fax: (61 3) 9348 2353
Email: k.weatherall at unimelb.edu.au
Web Log: http://weatherall.blogspot.com

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