Freehills Patent Attorneys

Look before you leap: seeking to enforce your pharmaceutical patent may lead to unintended consequences

It may not be just generic manufacturers seeking compensation when their product launch is found to be delayed by an originator wielding what is ultimately found to be an invalid patent. An Australian court recently…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Commonwealth a step closer to compensation for delayed PBS price drops

The Full Federal Court has held that the Therapeutic Goods Act 1989 (Cth) (TG Act) does not limit the Commonwealth’s ability to seek compensation for losses arising from the operation of an interlocutory injunction restraining…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

New Appeal decision on computer implemented inventions in Australia

On 11 December 2015 Australia’s Federal Court handed down its decision in the RPL Central appeal – a case dealing with the patentability of computer implemented inventions in Australia. The Court overturned the first…more
| Intellectual Property, Science, Computers, & Technology

Australian Patent Office guidelines finalised post-Myriad

The Australian Patent Office has now finalised what will be their approach to examining nucleic acids and other biological inventions following the decision handed down by the High Court in D'Arcy v Myriad Genetics Inc [2015]…more
| Intellectual Property, Science, Computers, & Technology

National Innovation & Science Agenda

The Federal Government yesterday released its much anticipated National Innovation and Science Agenda which proposes a series of tax amendments. Early Stage Venture Capital Limited Partnerships (ESVCLPs) and Venture Capital…more
| Finance & Banking, Science, Computers, & Technology, Taxation

How high has the bar been raised? The Australian Patent Office issues its first opposition decision on a post ‘Raising the Bar’ patent application

In brief: - In the first opposition decision of the Australian Patent Office to apply the post-‘Raising the Bar’ disclosure and support requirements, the hearing officer applied principles derived from UK and European case…more
| Intellectual Property

Government's Innovation Statement puts renewables back on the Agenda

Release of the Federal Government’s much-anticipated National Innovation and Science Agenda (the Agenda) on 7 December is expected to boost investor confidence in the cleantech and renewables sector. The $1.1 billion investment…more
| Energy & Utilities, Intellectual Property, Science, Computers, & Technology

The low-down on the new Victorian Manufacturing Grant

Government grants to stimulate business and innovation are typically competitive and the new Victorian Government grant program, Future Industries Fund - The Manufacturing Program, is no exception. In preparing this article, we…more
| Intellectual Property

Australian & NZ single patent examination: Soon you may not have a choice

A single trans-Tasman patent regime allows counterpart Australian and NZ patent applications to be examined by a single examiner in either country. It now emerges that such combined examination can be made compulsory by the…more
| Intellectual Property, International Law & Trade

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
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

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
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Australian manufacturer is successful in asserting patent in China

Lucas Mills made media headlines for its win of 2 million yuan ($430,000) against a Chinese company who infringed Lucas’ patent for its flagship product, a portable sawmill. The sawmill allows logs to be cut into milled timber…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Expanding the PPH in Australia

A Memorandum of Understanding (MoU) has paved the way for the European Patent Office (EPO) to partner with the Australian Patent Office in a Patent Prosecution Highway (PPH) pilot program. The PPH program has been in use…more
| Intellectual Property

Using divisional applications in Australia to fix your licensing woes

The Australian Patents Act provides that only the patentee or exclusive licensee has standing to commence infringement proceedings. For a licence to be exclusive, it must transfer all rights from the patentee to the licensee. If…more
| Intellectual Property, Science, Computers, & Technology

Can a natural product still be patented in Australia?

Yes. While various commentaries have suggested that patentable subject matter will be restricted in Australia under the recent High Court Myriad decision to exclude naturally occurring products (whether or not isolated), my view…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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Contact

101 Collins Street
Melbourne, Victoria 3000, Australia

Contact: Tom Gumley, Business Services Coordinator

  • 61-3-9288-1479

Areas of Practice
  • Intellectual Property
Locations
Other Countries
  • Australia
Number of Attorneys

25-50 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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