Life Science & Biotechnology Archives - Page 6 of 9

6th Sep 2017

Patent Term Extensions in Australia: under pressure but safe for now

Government responds to the Productivity Commission Report and the Courts find “Swiss-style” claims not sufficient for a PTE The Australian Government, in its highly anticipated response to the Productivity Commission’s...

Government responds to the Productivity Commission Report and the Courts find “Swiss-style” claims not sufficient for a PTE The Australian...

31st Aug 2017

Commonwealth of Australia v Sanofi: Hearing of Commonwealth’s Claim Commences in Federal Court of Australia

A six-week hearing in the Federal Court of Australia commenced this week to decide whether the Commonwealth is entitled to damages related to generics being delayed from listing on...

A six-week hearing in the Federal Court of Australia commenced this week to decide whether the Commonwealth is entitled...

31st Aug 2017

Protection of Second and Subsequent Medical Use in Singapore

In Singapore, second and subsequent medical use of a known substance has traditionally been claimed as Swiss-style claims which take the form of “Use of compound X in the...

In Singapore, second and subsequent medical use of a known substance has traditionally been claimed as Swiss-style claims which...

21st Aug 2017

Should the Australian Patent Office be denying patent eligibility to cDNA inventions?

In this, the first of a trilogy of articles investigating specific areas of Australian Patent Office examination practice, I consider how the High Court’s decision in D’Arcy v Myriad Genetics...

In this, the first of a trilogy of articles investigating specific areas of Australian Patent Office examination practice, I...

18th Aug 2017

Australia Update: Patent Term Extensions Not Available on the Basis of Swiss-style Claims

AbbVie Biotechnology Ltd v Commissioner of Patents AATA 682 has been overturned. Today, the Full Federal Court set aside a decision of the Administrative Appeals Tribunal thereby making...

AbbVie Biotechnology Ltd v Commissioner of Patents AATA 682 has been overturned. Today, the Full Federal Court set...

3rd Aug 2017

Menarini Industrie Farmaceutiche Riunite S.r.l. [2017] NZIPOTM 5 (8 February 2017)

Menarini Industrie Farmaceutiche Riunite S.r.l (“Menarini”) applied to register the mark KETUM in relation to an“anti-inflammatory drug used to ease joint and muscle pain” in class 5.

Menarini Industrie Farmaceutiche Riunite S.r.l (“Menarini”) applied to register the mark KETUM in relation to an“anti-inflammatory drug used to...

2nd Aug 2017

Patentability of Known Technology

For a product or process to be patentable in Australia, it is commonly understood that it must be novel (new), possess an inventive (non-obvious advantage over similar technology) and...

For a product or process to be patentable in Australia, it is commonly understood that it must be novel...

8th Jun 2017

Plant IP Protection in Australia: Patent, Plant Breeder’s Rights, or both?

In Australia, plant varieties, including genetically modified plants, can be protected under both the Australian Plant Breeder's Rights Act 1994 (the “PBR Act”) and the Australian Patents Act 1990....

In Australia, plant varieties, including genetically modified plants, can be protected under both the Australian Plant Breeder's Rights Act...

31st May 2017

Update on Swiss-type patent claims in Australia

As discussed in our previous article, ‘Swiss-type’ format is one of several claim types that can be used in Australia for obtaining protection related to therapeutics. The general structure...

As discussed in our previous article, ‘Swiss-type’ format is one of several claim types that can be used in...

15th May 2017

Amendments to a patent during court proceedings – how much transparency is required?

In Apotex Pty Ltd v ICOS Corporation FCA 466, the Federal Court has provided guidance regarding the level of disclosure required by a patentee in order for a court to...

In Apotex Pty Ltd v ICOS Corporation FCA 466, the Federal Court has provided guidance regarding the level of disclosure...

8th May 2017

Bayer awarded indemnity costs against Generic Health in Yasmin patent litigation

Earlier this year Jagot J of the Federal Court of Australia ordered Generic Health to pay Bayer $25,437,966 in damages plus interest to compensate for lost revenue caused by generic product sales...

Earlier this year Jagot J of the Federal Court of Australia ordered Generic Health to pay Bayer $25,437,966 in...

1st May 2017

Another small victory for Australian Government in pursuit of damages for PBS “over-payments”

The Australian Government has had another small victory in the most recent interlocutory decision in the clopidogrel damages enquiry, which is likely to be the test case for its...

The Australian Government has had another small victory in the most recent interlocutory decision in the clopidogrel damages enquiry,...