Patent Law & Intellectual Property

Anton helps small and large organisations to protect and enforce their inventions against infringement, in the Australian Patent Office and in the Federal Court. Anton also has experience assisting organisations to defend allegations that they have infringed the patents of others, including in seeking revocation of granted patents. This assistance may commence with informal or formal advice prior to the commencement of proceedings, and continue all the way through to appearing at trial.

In advising and appearing for clients, Anton brings to bear his litigation experience, his years of research into patent law when studying for a PhD, as well as his technological expertise. Anton trained as a computer systems engineer, and worked for many years as a programmer before becoming a lawyer. He continues to keep abreast of new technological developments, and actively seeks to use them in supporting his practice.

Anton’s PhD was on the issue of the patentability of software, taking into consideration its close relationship with mathematics. His thesis has subsequently been adapted into a book, The Patentability of Software, which was short-listed by IPKat, a prominent intellectual property blawg, for Patent Law Book of the Year, 2019.

Select Cases

Research Affiliates v Commissioner of Patents
(with David Catterns QC and Christian Dimitriadis SC)

LEADING CASE ON PATENTABLE SUBJECT MATTER

Where claimed invention provides a method to create a securities index by means of a computer; whether a patentable invention; whether a manner of manufacture within the meaning of s6 of the Statute of Monopolies - relevance of computer implementation

Domino’s Pizza Enterprises Ltd v Precision Tracking & Ors
(with RonWebb SC and Patrick Flynn SC)

DESCRIBED BY THE AUSTRALIAN FINANCIAL REVIEW AS THE "INTELLECTUAL PROPERTY CASE OF THE DECADE": https://bit.ly/2GXhrza

Where claimed invention a system for GPS tracking of delivery drivers; patent infringement and invalidity; copyright infringement; breach of confidence; misleading and deceptive conduct: see for example [2017] FCA 1063

Chamberlain Group v Giant Alarm Systems & Ors
(with Patrick Flynn SC)

Where claimed invention relates to moveable barrier operators secured by encrypted "rolling code" key generation and transmission; patent infringement; leave to serve alleged infringing device manufacturer outside jurisdiction: see for example [2017] FCA 1472

Seminars

In addition to assisting clients with litigation, Anton regularly presents seminars to patent attorneys and lawyers on various aspects of patent law. A selection of seminar topics are set out below. Feel free to contact Anton to arrange a seminar for your organisation.

  • Introduction to Patent Litigation

  • Computer-Implemented Invention Disputes

  • Software Patents - the Next Myriad?

  • Acquiring a Business with Intellectual Property - Tricks and Traps

  • Brand or Be Damned: A Guide to Brand Choice and IP Protection