Damian Slizys

Damian Slizys

Freehills Patent Attorneys

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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 Prior claiming was superseded by the broader concept...more

8/21/2014 - Australia Australian Patent Office Patents Pharmaceutical Pharmaceutical Patents Prior Art

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

8/21/2014 - Patent Infringement Patent Litigation Patent Reform Patents USPTO

Improving the value of your US patent portfolio: lessons for Australian and NZ companies from the decision of Bard v Gore

Recent developments in US law have meant that investors conducting due diligence of biotech and technology companies now not only consider whether the company’s US patents are valid and cover the relevant technology but also...more

7/23/2014 - Australia Patent Infringement Patent Litigation Patents

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

Markush claims under Australian patent practice

Markush claims are a common form of claim in the field of chemistry. Markush claims essentially claim a core molecular structure and cover a wide range of substituent groups that can be substituted on to that molecular...more

5/29/2014 - Australia Australian Patent Office Chemicals Markush Claim Patents

Amendments To Australia’s Intellectual Property Laws

On 19 March 2014, the Intellectual Property Laws Amendment Bill 2014 (Cth) (the Bill) was introduced into parliament. Most substantively, the Bill seeks to introduce a compulsory licensing scheme for pharmaceuticals...more

4/29/2014 - Australia Pharmaceutical Pharmaceutical Patents

“Boxed Into A Corner”?: Australian Government Confirms That It Is Considering “Patent Box” Tax Rules To Assist Manufacturers

Australia’s Assistant Treasurer has confirmed that the Government will consider the so-called “patent box” tax rules to assist Australian manufacturers of patented goods. Such rules are directed to lowering tax rates on...more

1/13/2014 - Australia Patents Tax Reform

Kit Or Caboodle? Recent Australian Opposition Decision Highlights The Inconsistency In Construction Of Kit Claims Between...

The recent Australian opposition decision of Merial Limited v Zoetis LLC [2013] APO 59 highlights the differences between the Australian and New Zealand patent offices in the construction of “kit” claims in relation to the...more

12/19/2013 - Australia Claim Construction Farm Animals New Zealand Patent-Eligible Subject Matter Patents

Australia’s Highest Court Takes A Knife To Indirect Infringement: “Carve-Outs” In Product Information Leaflets Are A Legitimate...

Under Australian law, indirect or contributory infringement of method of treatment claims has been an issue for quite some time. In particular, there have been a number of injunctions granted in circumstances where an...more

12/17/2013 - Contributory Infringement Indirect Infringement Patents

Pharmaceutical Companies Breathe A Sigh Of Relief: Australia’s Highest Court Confirms That Methods Of Medical Treatment Are...

For many years, there has been an assumption that methods of medical treatment are patentable under Australian law, but this has never actually been tested at the highest judicial level. ...more

12/17/2013 - Australia Patent-Eligible Subject Matter Patents Pharmaceutical

Is Data Exclusivity “At Risk” In Australia As Compared To The US And Europe?

Data exclusivity is a term that refers to the period in which data supplied by the first applicant to register a pharmaceutical product cannot be used by a subsequent applicant to register an equivalent product. As this data...more

12/9/2013 - Australia Patent Applications Patents

Is Inventive Step In New Zealand “Udderly” Ridiculous?...And Will It Improve Under The New Legislation?

Under the present regime in New Zealand, the objection that a patent application lacks an inventive step is not available during prosecution and the burden of proof required to show a lack of inventive step in an opposition...more

11/27/2013 - Patent Litigation Patents Post-Grant Review

BP International Limited v Neste Oil Oyj [2013] APO 46

In August this year, Australian patent application 2003258753 (“the application”) directed to diesel fuel compositions was successfully opposed on the ground that the application did not disclose the best method of performing...more

11/14/2013 - Australia BP Disclosure Requirements Patents

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