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What Australian companies need to know about ‘patent oppositions’ in the US

Many Australian companies will be familiar with the pre-grant patent oppositions that are available under Australian law. Similarly, many Australian companies will be familiar with post-grant patent oppositions before the...more

6/18/2014 - America Invents Act Australia European Patent Office Inter Partes Review Proceedings Patent Oppositions Patents Post-Grant Review USPTO

Salient Lessons For Australian Applicants Of US Diagnostic Patent Applications

In the latest decision concerning diagnostic method claims a US Court1 has provided some guidance to the diagnostics industry on the interpretation of the recent Supreme Court decisions in Mayo v Prometheus2 (Mayo) and AMP v....more

11/29/2013 - AMP v Myriad Australia Diagnostic Method Diagnostic Tests Mayo v. Prometheus Myriad Patent-Eligible Subject Matter Patents Preemption SCOTUS

Breaking The Shackles – Changes To Divisional Application Practice In Europe

From 1 April 2014, the 24 month deadline to file a divisional patent application in Europe will be abolished. From this date, divisional applications can be filed at any time provided the parent application has not proceeded...more

11/27/2013 - Divisional Applications EPO EU Patents

Objects Clause And Exclusion From Patentability – Are Biotech Related Patents Under Attack In Australia?

The Australian Patent Office has released a consultation paper which seeks public comment on the proposed amendments to the Australian Patents Act 1990 (‘the Act’) to introduce an object clause and a patentability exclusion...more

9/20/2013 - Australia Australian Patent Office Biotechnology Patent-Eligible Subject Matter Patents

Changes To Patent Entitlement In Australia And New Zealand (Updated 15 April 2013)

The correct legal entitlement of an applicant to apply for, or be granted a patent, is a cornerstone of the patent system in all major jurisdictions. Incorrect entitlement can invalidate a granted patent. Some jurisdictions...more

4/15/2013 - Notice of Entitement Notice Requirements Patents Proposed Legislation Right to Apply Right to Grant

Isolated Nucleic Acids Are Patentable – What Does The “Myriad” Decision In Australia Mean For Patent Applicants?

In a landmark decision regarding the patentability of genetic material, the Federal Court of Australia has held that any nucleic acid found in cells, whether it be DNA or RNA, that has been removed from the cellular...more

2/21/2013 - DNA Human Genes Infringement Manner of Manufacture Myriad Patent-Eligible Subject Matter Patents Raising The Bar Act RNA

Isolated Nucleic Acids Are Patentable – Landmark “Myriad” Decision In Australia

In a landmark decision regarding the patentability of genetic material, the Federal Court of Australia has held that any nucleic acid found in cells, whether it be DNA or RNA, that has been removed from the cellular...more

2/15/2013 - DNA Genetic Materials Myriad Patent-Eligible Subject Matter Patents

Protection of diagnostic inventions in the USA - implications of PerkinElmer, Inc. v Intema Limited

On 20 November 2012 the US Federal Circuit handed down a decision in PerkinElmer, Inc. v Intema Limited1 relating to the patent eligibility of diagnostic method claims. In what appears to foreshadow future decisions regarding...more

11/28/2012 - Diagnostic Method Patents

Changes to patent entitlement in Australia and New Zealand

Entitlement in Australia and New Zealand - The correct legal entitlement of an applicant to apply for, or be granted a patent, is a cornerstone of the patent system in all major jurisdictions. Incorrect entitlement can...more

11/15/2012

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