Latest Publications

Share:

Framework for Swiss-form claim construction in Australia: Is it really about objective intent?

This article looks at the current status of construction of Swiss-style claims in Australia, provides a framework by which construction of Swiss-style claims can be assessed, and concludes that although the position is not...more

A loophole allowing patent term extensions in Australia for certain Swiss-style claims has been closed

The Australian Administrative Appeals Tribunal opened the door for patent term extensions based on a Swiss-form claim which enlarged the scope of applications of patent term extensions considerably. Recently, the Full Federal...more

Global Patent Prosecution Highway (GPPH) now available in New Zealand

Patent law in New Zealand in recent years has undertaken quite a facelift. For example, under the new law, stricter support requirements are in place, obviousness is now a ground for examination, re-examination is available...more

Can Swiss-style claims go off-piste in Australia?

Swiss-style claims are a very particular form of claim developed to circumvent the exclusion of methods of medical treatment from patentability in Europe. They are second medical use claims in that the compound used in the...more

"He Ain't Heavy, He's My Brother" - Patents directed to deuterium modified drugs

In this the fourth instalment of our series of articles looking at the hot topic of the patenting of radiopharmaceuticals, we are taking a small side-step away from the radioactive isotopes to look at the area of deuterated...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

The new “Pet” on the block: radio imaging with Zirconium-89

This is the third in a series of articles looking at the hot topic of the patenting of radiopharmaceuticals. In this article we are focusing on zirconium-89 (89Zr) labelled molecules, such as antibodies, and their use in...more

The “teacher’s PET” of radionuclides – patents directed to Fluorine-18

This is the second in a series of articles looking at the hot topic of the patenting of radiopharmaceuticals. Fluorine-18 (18F), a radioactive isotope of fluorine, is the most common positron-emitting radioisotope used in...more

The right policy prescription for pharmaceutical patents? The Australian Productivity Commission proposes a new formula

As mentioned in our earlier article Australia’s Productivity Commission has released a draft report (Report) regarding intellectual property (IP) in Australia. The Report covers various IP rights and provides the Commission’s...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

A hot couple in the patenting of radiopharmaceuticals – the theranostic pair Technetium-99m and Rhenium-188

This is the first in a series of articles looking at the hot topic of the patenting of radiopharmaceuticals. In the theranostic pair of technetium and radium, a compound comprising radioactive technetium is used to image a...more

Look before you leap: seeking to enforce your pharmaceutical patent may lead to unintended consequences

It may not be just generic manufacturers seeking compensation when their product launch is found to be delayed by an originator wielding what is ultimately found to be an invalid patent. An Australian court recently...more

Using divisional applications in Australia to fix your licensing woes

The Australian Patents Act provides that only the patentee or exclusive licensee has standing to commence infringement proceedings. For a licence to be exclusive, it must transfer all rights from the patentee to the licensee....more

Seeking a patent term extension may cut it short

A hidden catch to Australia’s generous regime for extension of term of pharmaceutical patents is that requesting an extension of term can act as a trigger for re-examination. The Australian Patent Office has...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

A new breed of plant patents in Europe

In Europe, there are two types of IP protection available for plant-related inventions: Plant Variety Rights (PVRs) and Patents. In order to avoid any overlap in protection between these two IP regimes, the EPC...more

4/8/2015  /  Australia , EU , Patents , Plant Patents

The High Court takes remedial action in the escitalopram battle

In the long-running escitalopram patent battle, which has been fought all over the world, Australia’s highest court has affirmed the general remedial power of Australia’s extension of time provisions as they apply to...more

New Ideas may attract Government dollars for IP Protection

From 1 November there will be an opportunity for established or emerging businesses to seek financial support of up to $250,000 in the pursuit of commercialisation of an idea, including the development of an intellectual...more

10/15/2014  /  Entrepreneurs , Patents , Small Business

Re-examination now an option for challenging New Zealand patents and applications

New Zealand has new patent legislation (Patents Act 2013; the ‘new law’) which came into effect on 13 September 2014. The previous legislation (Patents Act 1953; the ‘old law’) did not allow for re-examination of accepted...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

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

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

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

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

32 Results
/
View per page
Page: of 2

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.