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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

High Court of Australia determines isolated BRCA1 gene not patentable in Australia

The High Court of Australia has unanimously overturned previous decisions from lower courts and has held that certain claims to Myriad's patent for isolated BRCA1 nucleic acid molecules are not patentable in Australia...more

Trans-Pacific Partnership agreement on term of data exclusivity for biological pharmaceuticals, not patent term

Five years of negotiations have culminated this week in the signing of the Trans-Pacific Partnership (the “TPP”) agreement by 12 countries from the Pacific-rim region, including the US and Australia. While the partnership...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

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

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

Due Date For Making A Micro-Organism Deposit Under Australia’s New Patent Law

Recent changes to Australian patent law provide that the due date for filing a Budapest Treaty deposit is on or before the date of filing of a priority application....more

What To Expect When Australian Patent Prosecution Law Changes On April 15, 2013

April 15, 2013 is an important date insofar as Australian patent prosecution is concerned. On this date ‘new law’ will come into force that will apply to patent applications for which examination has not been requested by...more

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