The Hearing Officer, John Spence found that the Opponent (HD Lee) had not established its opposition. Therefore, he allowed the two trade mark applications challenged to proceed to grant. Costs were awarded against the Opponent in favour of the Applicant.

The case shows the importance of registering your trade marks and ensuring that the marks on the register are regularly updated to reflect the actual marks used, especially if the mark is presented as a device. If this is done it will be possible to protect your trade mark.

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/ATMO/2013/49.html?stem=0&synonyms=0&query=ladyrider

Citation:RPL Central Pty Ltd v Commissioner of Patents [2013] FCA 871  
Parties:RPL CENTRAL PTY LTD (ACN 136 181 989) v COMMISSIONER OF PATENTS  
File number:VID 817 of 2011  
Judge:MIDDLETON J  
Date of judgment:30 August 2013

' I consider that the invention in question is a proper subject of letters patent according to the principles developed for the application of s 6 of the Statute of Monopolies, and is a manner of manufacture for the purpose of s 18 of the Act.  In light of these findings, it is unnecessary to consider further claims 2 to 4 of the Patent.'

https://jade.barnet.com.au/Jade.html#article=300939

AJPark Intellectual Property 

"New Zealand will continue to grant patents for inventions that make use of or involve computer programs. There is clearly expressed parliamentary intention to apply the Aerotel test and subsequent English jurisprudence that applies this test."  

http://www.ajpark.com/media-centre/2013/08/new-zealand-takes-a-traditional-approach-to-software-patents/

IP Australia experienced a surge in voluntary patent examination requests in the 2012/13 financial year. Most were filed in March and April immediately prior to the introduction of the IP Laws Amendment Act 2012. The total number of examination requests in 2012/13 was more than double the previous financial year.

The main impact of this surge will be an increase in the pendency of first reports in coming years. Pendency is expected to increase in the December 2013 quarter, and is likely to exceed the 12 month customer service charter commitment by the end of April 2014. Based on projections, this could average up to 19 months at its peak during 2014, before returning to the 12 month commitment in early 2015.

In response, IP Australia has restricted directions to applications that are 57 months from filing date. This will keep new requests for examination to a minimum, while the enormous volume of pre April 2013 examination requests are processed.

It is likely that IP Australia will have to revise the customer service charter in 2014 due to these exceptional circumstances.

IP Australia will continue to monitor the situation and update customers where appropriate.