Life Science & Biotechnology – Page 6

28th Mar 2018

Broad antibody claims under attack – USPTO issues memorandum raising written description requirements

Upon discovery of a novel biological target, an applicant may attempt to patent antibodies directed to the target, as such antibodies may have diagnostic and/or therapeutic applications. In the...

Upon discovery of a novel biological target, an applicant may attempt to patent antibodies directed to the target, as...

6th Mar 2018

The “gene patent” dichotomy between the US and Australia

The recent Meat & Livestock Australia Limited v Cargill, Inc (MLA) Federal Court decision has brought the significant differences that exist between Australian and US “gene patent” practice into sharp focus. These differences...

The recent Meat & Livestock Australia Limited v Cargill, Inc (MLA) Federal Court decision has brought the significant differences that exist between Australian...

19th Feb 2018

Australia remains a gene-patent friendly jurisdiction

When the Australian High Court ruled against the patentability of isolated naturally occurring genes in the Myriad decision, a number of commentators believed that the decision would ultimately invalidate...

When the Australian High Court ruled against the patentability of isolated naturally occurring genes in the Myriad decision, a...

30th Nov 2017

Pfizer succeeds in Full Federal Court appeal and will now receive preliminary discovery regarding possible infringement of biological medicine process patents

We previously reported on the 21 March 2017 decision of Burley J of the Federal Court of Australia in Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd FCA 285, in which...

We previously reported on the 21 March 2017 decision of Burley J of the Federal Court of Australia in Pfizer Ireland Pharmaceuticals...

20th Nov 2017

The Patent Office provides clarity regarding enablement of polypeptide claims

Australia has relatively recently implemented support laws that require a specification to provide sufficient information to enable the skilled person to perform an invention over the entire scope of the claims...

Australia has relatively recently implemented support laws that require a specification to provide sufficient information to enable the skilled person to...

13th Nov 2017

Australia Update: Swiss style claims and patent term extension

Under Australian patent law, the term of a pharmaceutical patent may be extended if certain criteria are met. In this regard, a patent term extension (PTE) of up to...

Under Australian patent law, the term of a pharmaceutical patent may be extended if certain criteria are met. In...

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...