News

AUSTRALASIA

20th Oct 2020

Australian Patent Office considers the plausibility of Swiss-style claims

Gliknik, Inc. v CSL Behring Lengnau AG  APO 46 (“Gliknik”) concerned a patent application for engineered proteins intended for use as replacements for intravenous immunoglobulin.  The application included claims...

Gliknik, Inc. v CSL Behring Lengnau AG  APO 46 (“Gliknik”) concerned a patent application for engineered proteins intended for...

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AUSTRALASIA

21st Sep 2020

Pharmaceutical patent term extensions: broader is not always better

Ono Pharmaceutical Co., Ltd. et al  APO 43 (16 September 2020) Background Australia’s Patents Act provides a patent term extension (PTE) to account for the delays that can occur when obtaining...

Ono Pharmaceutical Co., Ltd. et al  APO 43 (16 September 2020) Background Australia’s Patents Act provides a patent term extension (PTE)...

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AUSTRALASIA

16th Jul 2020

Clinical trial protocols anticipate method of treatment claims, and further clarity provided on construction of Swiss-style claims

Australia’s Full Federal Court recently delivered judgment in an appeal in a significant patent case: Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd  FCAFC 116.  The case concerned...

Australia’s Full Federal Court recently delivered judgment in an appeal in a significant patent case: Mylan Health Pty Ltd v...

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AUSTRALASIA

22nd Jun 2020

How to use post-filing experimental data to help establish sufficiency and support

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 was introduced in Australia with the intention of aligning Australia’s written description requirements with those in the UK and Europe. Under...

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 was introduced in Australia with the intention of aligning Australia’s written...

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AUSTRALASIA

17th Jun 2020

Patenting proteins: an Australian perspective

Biological molecules, including polypeptides and, in some cases, nucleic acids, can be patented under Australian law.  The level of disclosure that is required to support and enable a claim...

Biological molecules, including polypeptides and, in some cases, nucleic acids, can be patented under Australian law.  The level of...

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30th Jun 2019

Will the United States Congress Clean-Up the Patent Eligibility Mess?

Steps are currently being taken by the United States congress to address the issue of patent eligible subject matter that has plagued the United States patent system in recent...

Steps are currently being taken by the United States congress to address the issue of patent eligible subject matter...

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AUSTRALASIA

11th Mar 2019

Federal Court shows generics how to avoid infringement of Swiss-style claims

Under Australian practice, both method of treatment and Swiss-style claims, in the format use of in the manufacture of a medicament for the treatment of ”...

Under Australian practice, both method of treatment and Swiss-style claims, in the format use of in the...

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5th Dec 2018

UK raises the threshold for plausibility – will Australia follow?

The UK Supreme Court has handed down its judgement in Warner-Lambert v Generics & Anr UKSC 56 in which the issue of plausibility was considered in-depth. The Supreme...

The UK Supreme Court has handed down its judgement in Warner-Lambert v Generics & Anr UKSC 56 in...

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AUSTRALASIA

21st Aug 2017

Should the Australian Patent Office be denying patent eligibility to cDNA inventions?

In this, the first of a trilogy of articles investigating specific areas of Australian Patent Office examination practice, I consider how the High Court’s decision in D’Arcy v Myriad Genetics...

In this, the first of a trilogy of articles investigating specific areas of Australian Patent Office examination practice, I...

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