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Stem cell patentability: European update following Opinion of Advocate-General in ISCC and the Australian position

The recent Opinion of the Advocate-General suggests that a clarification and moderation of the Court of Justice of the European Union’s (CJEU) approach to the patentability of stem cells may be on the horizon. If followed,...more

8/19/2014 - Australia CJEU EU Patent-Eligible Subject Matter Patents Popular Stem cells

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

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

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