Freehills Patent Attorneys

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

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 the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

“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 Australia…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Cleantech and solar photovoltaic innovation – an area of opportunity for the mining industry

The Australian Renewable Energy Agency’s (ARENA) funding priorities for new investment represent an area of opportunity for the mining industry. While investment in clean technology may, on the surface, seem at odds with the…more
| Energy & Utilities, Intellectual Property, International Law & Trade

High Court of Australia determines isolated BRCA1 gene not patentable in Australia

The High Court of Australia has unanimously overturned previous decisions from lower courts and has held that certain claims to Myriad's patent for isolated BRCA1 nucleic acid molecules are not patentable in Australia..…more
| Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology

Trans-Pacific Partnership agreement on term of data exclusivity for biological pharmaceuticals, not patent term

Five years of negotiations have culminated this week in the signing of the Trans-Pacific Partnership (the “TPP”) agreement by 12 countries from the Pacific-rim region, including the US and Australia. While the partnership…more
| Health, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Additional protection from Swiss-form claims: a direct infringement option when method claims are indirectly infringed

An unresolved question in Australia is whether Swiss form claims add to the scope of protection afforded by corresponding method of medical treatment claims. It is settled that both may co-exist in a granted patent, but is yet…more
| Health, Intellectual Property

Australian manufacturer enforces Chinese patent against Chinese infringer in China

Lucas Mill, an Australian manufacturer based in Beechworth Victoria, has won a patent case in China against a Chinese manufacturer. Lucas’ flagship product - The product being copied was a portable sawmill, Lucas’…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

Abolition of the Australian Innovation Patent?

The Australian patent system currently provides for two different patent rights: standard patents and innovation patents. In May this year Australia’s Advisory Council on Intellectual Property (ACIP) released a statement…more
| Intellectual Property

Swiss-form claims: not the same as methods of medical treatment?

Why have a Swiss-form claim in an Australian patent when methods of medical treatment are patentable? In a recent first instance decision of the Federal Court of Australia, Swiss-form claims have been held to be method claims,…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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101 Collins Street
Melbourne, Victoria 3000, Australia

Contact: Tom Gumley, Business Services Coordinator

  • 61-3-9288-1479

Areas of Practice
  • Intellectual Property
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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