James Cherry

James Cherry

Freehills Patent Attorneys

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Latest Publications


When inventive steps become routine...greater hurdles for applicants with claims directed to antibodies

The development of monoclonal antibodies has revolutionised medical science, and the use of these molecules in the development of future therapies, diagnostics and research appears assured. However, the scope of patent...more

10/29/2015 - Patent Infringement Patent Litigation Patents

Can a natural product still be patented in Australia?

Yes. While various commentaries have suggested that patentable subject matter will be restricted in Australia under the recent High Court Myriad decision to exclude naturally occurring products (whether or not isolated), my...more

10/20/2015 - DNA Life Sciences Myriad Natural Products Patent Applications Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Popular SCOTUS USPTO

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

9/4/2015 - Covered Business Method Patents Patent Infringement Patent Litigation Patents

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

8/12/2015 - Covered Business Method Patents Monopolization Otsuka Pharmaceutical Patent Infringement Patent Litigation Patents Treatment Method Patents

Update - Protecting Plant Varieties In Australia And New Zealand

Recently we provided a summary of key elements of protecting plant varieties in Australia and New Zealand. In this summary we highlighted that plant breeders could seek dual protection under both Patents and Plant Breeder’s...more

9/23/2013 - Australia New Zealand Patent-Eligible Subject Matter Patents

An Easy Guide To Australia’s New Patent Law Under The Intellectual Property Laws Amendment (Raising The Bar) Act 2012 - Updated 16...

The most significant amendment to Australia’s patent legislation since enactment of the current Patents Act 1990 (Cth) has now come into effect with the passing of the Intellectual Property Laws Amendment (Raising the Bar)...more

8/16/2013 - Australia New Legislation Patent Litigation Patents

Oxycodone Alleviates Pain - And Weakens The Spirit

Spirit Pharmaceuticals Pty Ltd v Mundipharma Pty Ltd [2013] FCA 658 - This recent decision by the Federal Court confirms that patents claiming new pharmaceutical formulations of known active agents may be eligible for...more

8/15/2013 - Australia Australian Patent Office OxyContin Patents Pharmaceutical Industry Prescription Drugs

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

4/11/2013 - Exports Generic Drugs Infringement Manufacturers Patent Term Adjustment Patents Pharmaceutical Patents Registration

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

3/12/2013 - Disclosure Lack of Novelty Patents Prior Art

Are your confidential documents confidential?

In April 2013 Australian patent law will change to more closely align patent attorney privilege with legal professional privilege. While this is a welcome change, and will hopefully rectify certain flaws of the current...more

12/4/2012 - Attorney-Client Privilege Confidential Documents Patents

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