Chemical & Healthcare Archives - Spruson & Ferguson

23rd Mar 2022

Full Federal Court Doubles Down on Pharmaceutical Patent Term Extensions

In two appeal judgements handed down concurrently on 18 March 2022, the Full Federal Court has clarified that a pharmaceutical patent term extension (PTE) for a patent should be...

In two appeal judgements handed down concurrently on 18 March 2022, the Full Federal Court has clarified that a...

11th Nov 2021

Patentability of known pharmaceutical substances in the Philippines

According to the Philippines Intellectual Property Code, the following in relation to pharmaceutical substances are not patent eligible and do not possess inventive step: the mere discovery of a new...

According to the Philippines Intellectual Property Code, the following in relation to pharmaceutical substances are not patent eligible and...

2nd Sep 2021

Clinical Trial Roulette: patenting pharmaceuticals in Australia is now a game of chance

While the case of Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd1 (‘Mylan v Sun Pharma’) was decided a little over a year ago, some of the...

While the case of Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd1 (‘Mylan v Sun Pharma’) was...

26th Aug 2021

The Australian Federal Court removes a pharmaceutical patent term extension because of the patentee’s own earlier registered goods

In Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, the Federal Court of Australia has determined that a pharmaceutical patent term extension (PTE) for a...

In Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, the Federal Court of Australia has...

24th Aug 2021

Practice note: what to do with medical use claims when employing the foreign route of prosecution in Singapore

Up until 1 January 2020, the Foreign Route was an available patent prosecution option of a Singapore application having a local or international filing date prior to 1 January...

Up until 1 January 2020, the Foreign Route was an available patent prosecution option of a Singapore application having...

18th Aug 2021

Patent term extensions in Australia: Can a “first regulatory approval” less than 5 years after the patent filing date be ignored?

Australia’s Federal Court Decision, Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, concerns a patent claiming two pharmaceutical substances having different first regulatory approval dates;...

Australia’s Federal Court Decision, Merck Sharp & Dohme Corp. v Sandoz Pty Ltd FCA 947, concerns a patent...

4th Aug 2021

FemTech in Australia – What’s going on Down Under?

FemTech is surging around the world with new start-ups and technology entering the marketplace every day, but what’s going on Down Under? Need for FemTech As of June 2019, just over...

FemTech is surging around the world with new start-ups and technology entering the marketplace every day, but what’s going...

16th Jul 2021

Pharmaceutical patent term extension update: the Commissioner appeals the Ono decision and the Australian Patent Office releases a practice update

The Australian Patent Commissioner has appealed the Federal Court decision of Ono Pharmaceutical Co, Ltd v Commissioner of Patents FCA 643 (“Ono”) relating to pharmaceutical patent term extensions...

The Australian Patent Commissioner has appealed the Federal Court decision of Ono Pharmaceutical Co, Ltd v Commissioner of Patents...

7th Jul 2021

China update – patent linkage system in China: official implementation measures come into effect

On 4th July 2021, the Measures for Implementation of an Early Resolution Mechanism for Pharmaceutical Patent Disputes (Trial Implementation) (“Measures”) were officially published on the website of National Medical...

On 4th July 2021, the Measures for Implementation of an Early Resolution Mechanism for Pharmaceutical Patent Disputes (Trial Implementation)...

16th Jun 2021

The Australian Federal Court says “Oh No” to the Patent Office’s interpretation of the first regulatory approval for pharmaceutical patent term extensions

In Ono Pharmaceutical Co. Ltd v Commissioner of Patents FCA 643, the Federal Court has overturned the Australian Patent Office’s decision in Ono Pharmaceutical Co. Ltd et al...

In Ono Pharmaceutical Co. Ltd v Commissioner of Patents FCA 643, the Federal Court has overturned the Australian...

3rd Jun 2021

Australian patent practice note: Recent changes to examination practice for claims to crystalline polymorphs

The Australian Patent Office appears to have recently changed their examination practice regarding the support requirements for claims directed to crystalline polymorphs. Given that we have not yet seen...

The Australian Patent Office appears to have recently changed their examination practice regarding the support requirements for claims directed...

27th May 2021

Femtech: One small step for women, one giant leap for womankind

Females make up half of the population of the world, but many of the issues they have to deal with, from menstruation to menopause, have often been considered taboo...

Females make up half of the population of the world, but many of the issues they have to deal...