Chemical & Healthcare Archives - Page 9 of 13

AUSTRALASIA

1st Mar 2016

The pharmaceutical industry is an important driver of patent activity. Amongst the protections sought are second medical uses, wherein a known substance is to be used in a novel...

The pharmaceutical industry is an important driver of patent activity. Amongst the protections sought are second medical uses, wherein...

AUSTRALASIA

19th Jan 2016

Which is Best? Swiss-Use v. Method of Treatment Patent Claims in Australia

We are sometimes asked which is the best way to seek patent protection for a new use of a known substance in Australia – by Swiss-style use claims or...

We are sometimes asked which is the best way to seek patent protection for a new use of a...

AUSTRALASIA

23rd Dec 2015

Licensed and sublicensed to sue

This case provides some further interesting consideration of exclusive licences and consideration of the position of an exclusive sublicensee of a patent. Section 120 of the Patents Act 1990...

This case provides some further interesting consideration of exclusive licences and consideration of the position of an exclusive sublicensee...

AUSTRALASIA

21st Dec 2015

Summary of New Australian Patent Office Examination Practice following the High Court Myriad “Gene Patents” Decision

The Australian Patent Office has released its new guidelines following the High Court of Australia’s decision in D’Arcy v Myriad Genetics Inc, in which it was decided that certain...

The Australian Patent Office has released its new guidelines following the High Court of Australia’s decision in D’Arcy v...

AUSTRALASIA

9th Dec 2015

Full Court finds that usual undertaking for damages is not limited by TG Act

The fact that the Therapeutic Goods Act 1989 contains provisions that permit the Commonwealth, among other parties, to recover compensation in certain pharmaceutical patent infringement proceedings does not preclude...

The fact that the Therapeutic Goods Act 1989 contains provisions that permit the Commonwealth, among other parties, to recover...

AUSTRALASIA

9th Sep 2015

Australian High Court confirms common sense approach to whether an invention is obvious

One of the grounds most often claimed by parties seeking to oppose or invalidate a patent is that of ‘obviousness’ or ‘lack of inventive step’ – in summary, that...

One of the grounds most often claimed by parties seeking to oppose or invalidate a patent is that of...

AUSTRALASIA

2nd Sep 2015

High Court Dismisses AstraZeneca Appeal

In our recent article of 26 June 2015 we reported on the High Court of Australia hearing on 13 and 14 May 2015 of the Appeal in the rosuvastatin...

In our recent article of 26 June 2015 we reported on the High Court of Australia hearing on 13...

AUSTRALASIA

26th Jun 2015

High Court Considers Inventive Step in Australia

Last month, on 13 and 14 May 2015, the High Court of Australia heard the Appeal in the rosuvastatin case from the Full Federal Court decision (AstraZeneca AB v...

Last month, on 13 and 14 May 2015, the High Court of Australia heard the Appeal in the rosuvastatin...

AUSTRALASIA

16th Jun 2015

Pharmaceutical patentee faces damages claim from Australian Government for blocking generic’s entry

A series of events has led to the Commonwealth of Australia attempting to recover damages from the bio pharma company, Sanofi-Aventis, to the tune of $60 million.

A series of events has led to the Commonwealth of Australia attempting to recover damages from the bio pharma...

AUSTRALASIA

1st May 2015

ASEP Healthcare Ltd v Multigate Medical Products Pty Ltd [2015] ATMO 24

Multigate Medical filed a trade mark application for TourniTape Logo (shown below) in relation to surgical and medical goods in Class 10. That application was opposed by ASEP. ASEP is...

Multigate Medical filed a trade mark application for TourniTape Logo (shown below) in relation to surgical and medical goods...

AUSTRALASIA

27th Mar 2015

Limitations of Extension of Time Provisions

As some of you may know, the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth), which took effect on 15 April 2013, introduced a number of significant...

As some of you may know, the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth), which took...

AUSTRALASIA

17th Mar 2015

Inherency in Australia – Is this invention a Necessary Part or Result of an Existing Process?

An invention will be considered to be inherently disclosed, and thus unpatentable, where following an earlier known process would result in the same invention. This can form an...

An invention will be considered to be inherently disclosed, and thus unpatentable, where following an earlier known process would...