Pipers Bulletins
Pipers regularly issues bulletins providing a summary of recent developments in intellectual property law and practice in Australasia and other key countries and regions such as USA, UK, Europe and Asia. Below are links to articles in the latest bulletin. Previous issues can be accessed via the left pane navigation.
Contents Summary of Latest Bulletin
Order of Steps Crucial for Interpreting Functional Apparatus Claims
The recent Court of Appeal for the Federal Circuit (CAFC) case Rothschild Connected Devices Innovations LLC v Coca-Cola Company 24-1253 considered whether the claim scope of an apparatus claim that contains steps is restricted to apparatus’s that are configured to perform its steps in the order in which they are written in the apparatus claim.
AU High Court Rejects Patent Office Appeal in Aristocrat Case
The long running legal battle over software patents in Australia has reached a final conclusion. On 5 February 2026, the High Court of Australia refused the Commissioner of Patents application for special leave to appeal the Full Federal Court’s decision in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents 2025 FCAFC 131.
NZ Government Signals Changes to Plant Variety Rights Legislation
The New Zealand Government has announced applicant friendly changes to the Plant Variety Rights (PVR) Act will be set in motion when an amendment Bill is introduced to parliament later this year – presumably before the general election in early November.
Court Decision Gives Some Respite for Otherwise Strict Section 71 Acceptance Deadline
In AbbVie Inc v The Commissioner of Patents [2026] NZHC 1140 the lack of time in which to hold a hearing after the applicant requested one 2-days before the section 71 deadline was found to constitute a delay due to the Commissioner, thereby making the applicant eligible for an extension of time.
AU Patent Excess Claims Reminder Change
From 1st July 2026 IP Australia will be changing when it sends a reminder prior to examination commencing regarding excess claim fees so that the applicant can consider reducing the amount of claims in order to avoid or reduce their exposure to excess claim fees.