Prior claiming was a ground of invalidity under the Patents Act 1952 (1952 Act). It prevented grant of a patent claiming subject matter already claimed by another patent. Prior claiming was superseded by the broader concept...more
This is one of two related articles on aspects of prior claiming. Prior claiming was a ground of invalidity under the Patents Act 1952 (1952 Act). It prevented grant of a patent claiming subject matter already claimed by...more
Have you ever said to yourself, “my product isn’t new so I don’t need to worry about patents” or “the success of my business depends on product quality and developing customer loyalty. Patents don’t generate profits so I...more
The Australian government’s review of IP law in relation to pharmaceuticals proposes changes to tackle imbalances.
The Australian pharmaceutical market is significant, servicing 23 million people, and is dominated by...more
In a first consideration of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (the Raising the Bar Act) the Australian Patent Office has held that it must refuse to process an amendment where there is a...more
The Australian Government has continued with the trend of reviewing Australian patent law by commissioning a review of laws relating to patents for medicines ie pharmaceutical patents. The Pharmaceutical Patents Review Panel...more
Inherency is not part of Australian novelty law according to the courts. But a recent appeal court decision considers novelty where there is either implicit disclosure or the claimed invention is the inevitable result of the...more