The CJEU has rejected two challenges to the EU Regulation implementing the Nagoya Protocol. This piece of international law has changed significantly the way that biological natural resources are accessed, researched and...more
• The Full Federal Court has unanimously confirmed that isolated nucleic acids, either DNA or RNA, are patentable in Australia.
• The decision is in contrast to the recent decision of the US Supreme Court, which held a...more
On Friday the Full Federal Court affirmed that isolated nucleic acids are patentable subject matter in Australia. While an appeal to the High Court of Australia may be possible, absent an appeal, isolated nucleic acids will...more
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
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
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
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
Developing countries face significant medical challenges. ...more
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
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
By now you will be aware of the recent US Supreme Court decision concerning Myriad's gene patent. ...more
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