Madderns Patent & Trade Mark Attorneys

15/02/2026

Our Managing Partner Mark O'Donnell was drawn to a career in intellectual property by his fascination with the potential of life sciences advancements to transform healthcare and industry.

He brings extensive experience in IP and private practice to our Life Sciences and Chemistry team, making him exceptionally well-placed to provide strategic advice and leadership in the sector.

Hear from Mark about what sets Madderns apart and what drives his enthusiasm for the work he does. Learn more about Mark’s expertise: https://bit.ly/3MAJKqw.

10/02/2026

The Australian Innovation Patent is still alive and kicking (just!) - providing the same rights and remedies as a standard Australian patent with a maximum 8 year term and a limit of 5 claims. Importantly, the innovation patent is subject to a lower inventiveness threshold, making it potentially an effective litigation tool.

Despite new innovation patent filings ending in 2021, an innovation patent can still be obtained as a divisional of a pending standard patent application having an effective filing date of 25 August 2021 or earlier.

Our Partner Dr Anthony Lee explains that if patent enforcement litigation is on the horizon, it’s worth considering keeping a standard patent application alive if this preserves your ability to file for an innovation patent.

Anthony reviews the considerations in: https://bit.ly/4aEBf72.

10/02/2026

We are seeking a highly-organised, experienced Finance Manager to join our team to manage all aspects of financial management for Madderns, including accounting, regulatory and financial reporting. For more details and to apply, go to:

Finance Manager role, responsible for the end-to-end accounting function and managing a small team within a mid-sized Intellectual Property firm.

09/02/2026

The patentability of gaming machine technology has been the subject of a long-running legal dispute between Aristocrat Technologies Australia and the Commissioner of Patents. While the case relates to gaming machines, it has wider implications to the patenting of any software system or computer-implemented inventions.

We’ve been keenly following this matter through the courts, given its implications for innovators of software-related inventions.

In what may be the final chapter of this legal saga, the High Court of Australia has refused to hear an appeal by the Commissioner of Patents on the recent Full Federal Court decision that had found against the Commissioner (see our article on the earlier decision: https://bit.ly/4rE6l4v), effectively endorsing an approach to assessing the patentability of software-related inventions that is founded on more traditional principles and widely seen as more favourable to patent applicants.

This is a significant win for Aristocrat and innovators of software-related inventions.

To find out more, read the latest update from our ICT partners Dr Chris Wilkinson and Dr Anthony Lee here: https://bit.ly/3ZXNjdq.

02/02/2026

Proud moment for the Madderns team ✨

We are delighted to share that Madderns Patent & Trade Mark Attorneys has again been recognised in the World Trademark Review WTR 1000, receiving a silver ranking in Australia for prosecution and strategy.

The WTR 1000 is a leading global guide dedicated exclusively to trade mark practice, recognising firms trusted for strategic thinking, technical excellence, and commercially grounded advice.

This recognition reflects what we focus on every day, protecting brands through thoughtful strategy, strong prosecution and advice that supports our clients as their businesses grow, both locally and internationally.

The guide highlights our strengths across:

• trade mark prosecution and portfolio strategy;
• oppositions and non-use cancellations;
• international filing, enforcement, and coordination with trusted overseas counsel; and
• deep industry experience, particularly across food and beverage, wine, fashion, and consumer goods.

We are especially proud to see our partners Louise Emmett and Megan Ryder recognised for their leadership, insight, and ongoing contribution to our national and international trade marks practice. Congratulations also to our former colleague and friend Craig Vinall for his elevation to Luminary status.

Thank you to our clients for trusting us, and to our peers and global colleagues for the collaboration that allows us to deliver seamless brand protection across borders.

As we continue to grow, including expanding our presence in Australia and strengthening our international reach, we remain focused on what matters most: protecting brands, supporting businesses, and helping ideas travel safely into the world.

We’re proud of where we are, and even more excited about where we’re heading!

21/12/2025

Earlier this month, we participated in the recent Australian eChallenge Awards night, represented by Bill McFarlane, where 90 teams of ambitious students each developed and presented a business plan for their chosen innovation.

With mentorship and seminars delivered by subject-matter experts—and judging by respected Adelaide business leaders—the eChallenge continues to foster innovation, collaboration and real-world learning.

Marking the 25th anniversary of the Australian eChallenge, we were honoured with a special acknowledgement for being the only sponsor to support the competition every year since its inception.

We’re proud to champion emerging talent and contribute to an initiative that has helped shape the next generation of SA innovators and entrepreneurs.

Congratulations to all participating teams—your passion and creativity inspire us, year after year.

The University of Adelaide ThincLab

18/12/2025

As the festive season approaches, the Madderns team will be taking a well-earned break.

Our final day in the office for 2025 will be Wednesday, 24 December, and we’ll be back on deck from Friday, 2 January 2026. A small team will remain available to assist with urgent matters during this period, excluding Christmas Day, Boxing Day and New Year’s Day.

Thank you for your support throughout the year — we’ve appreciated working with you and look forward to what 2026 will bring.

From all of us at Madderns, we wish you a relaxing festive season and a wonderful start to the new year.

18/12/2025

In the food and beverage industry, brand value isn’t just about taste — it’s also about how a product looks, feels and stands out on the shelf.

From product shape and distinctive colours to packaging elements consumers instantly recognise, non-traditional trade marks can act as powerful badges of origin. Yet these assets are often overlooked when businesses consider trade mark protection.

In our latest blog, Claire and Megan explore how shape marks, colour marks and aspects of packaging can be protected under Australian trade mark law, the challenges of registration and enforcement, and recent case law (including the Moccona coffee jar decision) that highlights what businesses should be thinking about early in the process.

Read more: https://bit.ly/3YAw5C8.

27/11/2025

Environmental claims are now one of the hottest intellectual property issues in the food and beverage space, not just in Australia, but worldwide. A splash of green, a clever symbol or a throwaway line can read as “eco-friendly”, and suddenly, you are expected to prove it.

Fab and David explore how these claims show up across IP rights, why scrutiny is rising across global markets and the Australian cases offering clear lessons in what to do, and what to avoid.

Read the full blog here: https://bit.ly/4iuj2eW.

17/11/2025

Louise Emmett, Milena Dryza, Megan Ryder, Claire Slade, Michael Dow and Kelly Yee had a fantastic night at the SA Premier’s Food and Beverage Industry Awards Gala Dinner on Friday, celebrating the strength, diversity and innovation that continue to define South Australia’s food and beverage sector.

It was a wonderful opportunity to recognise the outstanding achievements of businesses across the state. A huge congratulations to all finalists and winners, and especially to our Madderns clients who were recognised on the night. We were thrilled to celebrate their success.

Our thanks to Food South Australia for hosting another exceptional event and for their ongoing work in promoting and championing the sector. We’re proud to be part of a community that continues to push boundaries, create exceptional products and elevate South Australia on the national and global stage.

13/11/2025

Before that chocolate bar reaches your lips, there’s a significant amount of work that goes into creating the perfect bite🍫

How do you get the most out of your great ideas and all that hard work? Protecting your IP is one of the essential ingredients.

Some forms of IP protection are obvious and spring readily to mind — you could trade mark the name and maybe keep your recipe a secret — but what about the rest?

If you’re developing food or beverage products, make sure you speak to Madderns about protecting your key innovations. Contact us here: https://bit.ly/4nWMN9l.

10/11/2025

We are really proud of our work to champion innovators, who are taking great strides to create change in their chosen fields.

As sponsors of the Technology category at the 2025 Women in Innovation Awards, Megan Ryder and Milena Dryza were on hand to present an award to Professor Louise Hull for her work using AI imaging to redefine diagnosis and care for endometriosis.

Congratulations Louise, and to every category winner in this year’s awards.