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Bowman v Monsanto in an Australian context

Most will be aware by now of the recent US Supreme Court decision, Bowman v Monsanto Co.,569 US (2013). One question that remains is what would have been the outcome if like facts had arisen in Australia and were considered...more

6/23/2014 - Bowman v Monsanto Genetically Engineered Seed Monsanto Patent Exhaustion Patent Infringement Patent Litigation Patents SCOTUS

Patent Grace Periods In South East Asia

As South East Asia becomes an increasingly popular patent filing destination, we explore the region’s grace period provisions and their limitations....more

3/19/2014 - Grace Period Patents

Singapore: New Positive Assessment Examination Procedure

On 10 July 2012 Singapore passed the Patent (Amendment) Bill and the Intellectual Property (Miscellaneous Amendments) Bill. One of the biggest changes is that Singapore has moved away from a self-assessment system to a...more

2/13/2014 - Patent Prosecution Patents

Patent Enforcement Round-Up In South East Asia

As patent filings in South East Asia grow, patent enforcement activities will no doubt be on the rise in the region. We round up patent litigation and licensing in South East Asian countries reported in the past year or so....more

1/31/2014 - Asia Enforcement Patent Litigation Pfizer Pharmaceutical Patents Prescription Drugs

3 Good Reasons To File Your Singapore Applications Before February 14, 2014

As you may know, on and after February 14, 2014, the Singapore Patent Office (SIPO) will process patent applications according to either a self-assessment system, or a positive assessment system. Self-assessment will only...more

1/23/2014 - Patent Applications Patents

Salient Lessons For Australian Applicants Of US Diagnostic Patent Applications

In the latest decision concerning diagnostic method claims a US Court1 has provided some guidance to the diagnostics industry on the interpretation of the recent Supreme Court decisions in Mayo v Prometheus2 (Mayo) and AMP v....more

11/29/2013 - AMP v Myriad Australia Diagnostic Method Diagnostic Tests Mayo v. Prometheus Myriad Patent-Eligible Subject Matter Patents Preemption SCOTUS

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

11/4/2013 - Infringement Patent Applications Patentability Search Patents

Myriad Beyond The US: Patent Eligibility Of Genes In Australia, New Zealand And South East Asia

This article discusses the patent protection of isolated, naturally occurring nucleic acids in Australia, NZ and a number of South East Asian countries. In these jurisdictions there is no express exclusion of these molecules...more

10/28/2013 - Australia DNA Genetic Materials Human Genes Myriad Patent Applications Patent-Eligible Subject Matter Patents

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

8/26/2013 - Australia Patent Infringement Patents Pharmaceutical

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

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

6/25/2013 - Australia Australian Patent Office New Legislation Patent Applications Patents Raising The Bar Act

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

6/21/2013 - Australia Australian Patent Office New Legislation Patent Applications Patents Priority Date Cutoff

Release Of The ASEAN IP Portal

The ASEAN Member States passed a significant milestone last week with the release of one of the more tangible outputs of the ASEAN Intellectual Property Rights Action Plan 2011-2015, in the form of the ASEAN IP Portal....more

5/2/2013 - ASEAN Funds Portal

New Patent Regulations Change The Due Date For Filing A Notice Of Entitlement

A notice by an Australian patent applicant stating entitlement to grant of patent and to claim priority is to be filed no later than the due date for request for examination....more

4/22/2013 - Deadlines Notice of Entitement Patent Applications Patent Examinations Patents

Protecting Plant Varieties In Australia And New Zealand

Although the Plant Breeder’s Right system provides protection of propagating or reproductive material of a new plant variety, this can often provide insufficient protection to the plant breeder. Fortunately, Australia and New...more

3/1/2013 - Plant Patents

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

2/8/2013 - Deadlines Patent Prosecution Patents Request for Continued Examination

A warning to US & foreign companies on Australian patent infringement by common design: Bayer Pharma AG v Genentech Inc [2012] FCA...

US and other foreign companies that do not have Australian commercial operations will be interested in this decision because it contains prima facie findings that some, perhaps, widely used commercial practices involving...more

1/23/2013 - Bayer Common Design Foreign Corporations Infringement Licenses Patents

Australian Patent Term Extension: A “Long-Term” Battle

If it was ever in doubt as to whether an application for an extension of a pharmaceutical patent term could be late filed after the due date, this recent decision would seem to have removed it, clarifying that late filing is...more

1/15/2013 - Appeals Australian Patent Office Patents Pharmaceutical

Protection of diagnostic inventions in the USA - implications of PerkinElmer, Inc. v Intema Limited

On 20 November 2012 the US Federal Circuit handed down a decision in PerkinElmer, Inc. v Intema Limited1 relating to the patent eligibility of diagnostic method claims. In what appears to foreshadow future decisions regarding...more

11/28/2012 - Diagnostic Method Patents

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