The Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Bill 2015 seeks to amend the current legislation to remove unity of invention as a ground of pre-grant opposition and re-examination.

It is anticipated that any changes made by the Bill will not have retrospective effect.

“Clause 4 amends section 92 of the Act to remove the right to oppose a grant of patent on the ground that the claim or claims relate to more than 1 invention, and to bring the law back to the position under the Patents Act 1953.”

Certification Trade Marks allow the registered owner to certify that goods and services of other parties meet certain standards.  A certification trade mark might indicate that a product:

        (i)     is of a particular quality
        (ii)    has been manufactured in a particular location or by using a particular process
        (iii)   is made from particular materials or ingredients
        (iv)   is suited to a particular task.

The use of a certification trade mark by an authorised user may provide a market advantage.

To obtain a certification trade mark the trade applicant must first submit a set rules  to the ACCC.  The set of rules must specify requirements governing the use of the certification trade mark.  The ACCC will provide an initial assessment and a final assessment of the rules.

A number of registered certification trade marks are detailed below.

Some further information is available on: https://www.accc.gov.au/business/applying-for-exemptions/certification-trade-marks

Notably the Kit Kat confectionery shape was refused registration.  This was because the evidence did not demonstrate that the shape itself had acquired distinctiveness.