News

Paracetamol decision upheld on appeal

In a decision handed down on 10 May 2018, the Full Federal Court of Australia unanimously upheld the trial judge’s finding of validity of a patent to a sustained release pharmaceutical formulation containing the active ingredient paracetamol, and confirmed that ...

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Cattle Genome Analysis Patent Survives Challenge

An important decision was delivered today in the Australian Federal Court, in respect of Australian patent 2010202253. The patent concerns a method of using DNA analysis to identify cattle, with favourable traits such as meat yield, feed efficiency, milk production, amongst a long list of others.

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Applying for PBS listing not patent infringement

In a decision handed down on 13 April 20171, Australia’s Full Federal Court has confirmed that an application for listing a pharmaceutical product on the Pharmaceutical Benefits Scheme (PBS)2 does not constitute patent infringement.  In upholding an earlier decision of a ...

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Update on US and Australian court proceedings involving Sequenom’s diagnostic biotechnology patent

On 27 June 2016, the US Supreme Court denied a petition to review the decision of a lower court that invalidated Sequenom’s patent to a test for detecting fetal genetic material. This decision has left patent protection in the field of diagnostic biotechnology in the US in a state of limbo. Companies and researchers face little certainty in obtaining protection for novel biological diagnostic techniques or the ability to enforce existing patents. The Sequenom matter is also active in the Australian Federal Court, as discussed below.

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Perindopril Patent Confirmed Invalid on Appeal

In a recent decision, the Australian Full Federal Court has dismissed an appeal by Servier regarding the invalidity finding for Australian patent 2003200700 directed to an arginine salt of perindopril. The Full Court upheld the decision at first instance that the patent did not disclose the best method of performing the invention.

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IP Australia releases examination practice guidelines in light of Myriad Decision

On 15 December, IP Australia set out its examination practice in light of the recent Myriad decision. Subject matter excluded from patentability includes isolated naturally occurring DNA and RNA nucleic acid sequences, as well as cDNA, probes and primers, isolated interfering/inhibitory nucleic acids and synthetic nucleic acids that merely replicate the genetic information of a naturally occurring organism. It would appear that most other isolated biological materials, including proteins, mircoorganisms, cells and viruses, will be considered patent eligible subject matter, providing they sastify the four step test, central to which is the requirement that the claimed substance is "made".

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Australian High Court dismisses AstraZeneca’s Rosuvastatin appeal

On 2 September 2015, the Australian High Court unanimously dismissed AstraZeneca’s appeal regarding the validity of the low dose Rosuvastatin patent for the treatment of hypercholesterolemia. This case was appealed from a decision made last year by the Full Federal Court in which AstraZeneca’s patent was held invalid for lack of inventive step. The High Court held that the invention as claimed lacked an inventive step within the meaning of s7(2) and 7(3) of the Patents Act 1990 (the Act).

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Isolated nucleic acids patentable in Australia

An appeal court has confirmed that isolated nucleic acids are patentable in Australia. In a unanimous decision handed down on 5 September 2014, the Full Bench of the Federal Court upheld an earlier decision that a claim directed to an isolated nucleic acid coding for a mutant or polymorphic BRCA1 polypeptide was patentable subject matter in Australia.

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