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Licences are out and automatic rights are in: a new way to allow exploitation following temporary patent ceasing is proposed

Automatic rights to exploit inventions are proposed to replace third party licences to exploit inventions. This proposal follows only months after an initial Patent Office decision on the licence provisions....more

To concede or not concede (infringement): that is the question! An instance of a third party licence being requested during...

Under Australian law, if a patent application ceases and the patent is subsequently reinstated by the owner by use of our extension of time provisions, a third party may obtain a licence to the patent on the basis of steps...more

Federal court aids in construction of provisions for third party statutory licences following temporary ceasing of a patent but...

The ground-breaking series of decisions, relating to AU 623144 (AU ‘144), which protected the antidepressant escitalopram, has generated another first when the patentee of AU ‘144 sought judicial review of a recent Patent...more

Simply The Best (Method) For Australian Patents

A recent decision in relation to the best method requirement finds generic disclosures inadequate and demonstrates the difficulties that underlie identifying the best method of performing an invention. The requirement...more

Does a recent Patent Office decision increase the evidence needed to support patent term extension?

Generally, patent term extensions are granted based on minimal supporting evidence. A recent Patent Office decision serves as a useful reminder that more comprehensive evidence may be required in some circumstances. The...more

Additional protection from Swiss-form claims: a direct infringement option when method claims are indirectly infringed

An unresolved question in Australia is whether Swiss form claims add to the scope of protection afforded by corresponding method of medical treatment claims. It is settled that both may co-exist in a granted patent, but is...more

Swiss-form claims: not the same as methods of medical treatment?

Why have a Swiss-form claim in an Australian patent when methods of medical treatment are patentable? In a recent first instance decision of the Federal Court of Australia, Swiss-form claims have been held to be method...more

Patenting natural and organic cosmetics...can it be done?

Two interesting trends are occurring in the international cosmetics market which, at first glance, seem to be in conflict. The first trend is the expansion of the natural and organic cosmetic products market. The second is an...more

Prior claiming in Australia…has news of its demise been greatly exaggerated? Is prior claiming still applicable to the remaining...

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

Gone but not forgotten…is the archaic ground of prior claiming relevant to “whole of contents” novelty?

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

When Other People’s Patents Get In Your Way...

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

Addressing Pharma IP Law Imbalances

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

New Risks For Patent Applicants Requesting Claim Amendment

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

Key Recommendations From The Australian Pharmaceutical Patents Review

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

Inherent Lack Of Novelty: When Prior Art Documents Destroy Novelty Without Express Disclosure Of All Features Of A Claim

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

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