Tom Gumley

Tom Gumley

Freehills Patent Attorneys

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7 Popular Patent Law Writers to Follow Right Now

A shortlist of JD Supra writers covering the many complex issues of Patent Law and featured here for a number of reasons, including that they recently authored popular work in this realm....more

10/29/2015 - Corporate Counsel Legal Perspectives Patents Popular Young Lawyers

What impact will the Australian Myriad decision have on patent eligibility of diagnostic tests?

By now most will know that: (a) Australia’s final appeal Court has made adverse findings against Myriad’s patent for utilising the BRCA1 locus to diagnose breast cancer; (b) the rejected claims are only those that...more

10/23/2015 - Biologics Biotechnology BRCA Cancer Diagnostic Tests Healthcare Life Sciences Myriad Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Pharmaceutical Patents Popular

What did the Australian High Court actually say about the patent eligibility of cDNA?

As the dust from the impact of the Australian Myriad decision begins to settle, now is the time to revisit what many have said regarding patent eligibility of cDNA, against what the final appeal Court actually said. On...more

10/19/2015 - Biotechnology BRCA DNA Life Sciences Myriad Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS

“Does a nucleic acid constitute patent eligible subject matter under Australia law?”

That is the question that we hoped Australia’s final appeal Court to have answered in the Myriad decision that it handed down last week. Some observers have been quite forthright on the point: ‘Yes, the High Court of...more

10/19/2015 - Biotechnology BRCA DNA Life Sciences Myriad Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS

Does a Nucleic Acid Constitute Patent Eligible Subject Matter Under Australian Law?

Clearly the High Court has given an answer to a question, but was that question the one we anticipated? That in itself is an open question!...more

10/18/2015 - Australia Biotechnology DNA Human Genes Legal Perspectives Myriad Patent Litigation Patent-Eligible Subject Matter Patents Popular

European alliance of plant breeders fails to halt the march of the Nagoya Protocol

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

7/8/2015 - Australia Compliance Country of Origin European Court of Justice (ECJ) Genetic Materials Natural Resources Patents Standing UK

Full Federal Court confirms isolated nucleic acids are patentable in Australia

• 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

9/19/2014 - Australia Biotechnology DNA Myriad-Mayo Patent-Eligible Subject Matter Patents Popular

Isolated Nucleic Acids are Patentable in Australia, Again

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

9/7/2014 - Australia Genetic Materials Patent-Eligible Subject Matter Patents

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 EU European Court of Justice (ECJ) Patent-Eligible Subject Matter Patents Popular Stem cells

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 Industry

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 Patent Applications Patent Examinations Patents

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