Suzy Madar, Author at Mallesons Pulse Blog

Australian Court Decides Important Gene Patenting Question – Isolated Genetic Material Patentable Subject Matter

15 February 2013

The Federal Court has rejected a claim brought by Cancer Voices that isolated genetic material that is naturally occurring is not patentable subject matter.

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High Court refuses application for special leave to appeal Full Court finding that extended release venlafaxine patent invalid

14 May 2012

By Suzy Madar

On Friday, Justices Gummow, Hayne and Keiffel refused an application for Special Leave to appeal to the High Court a decision of the Full Court of the Federal Court which found that Wyeth’s patent relating to a method of treatment using an extended release formulation of the anti-depressant venlafaxine was invalid for lack of fair basis on the specification as filed, and on the ground that that the claims were not fairly based on an earlier US priority document.

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Breaking news – Generics knock out anti-depressant patent

31 October 2011

By Suzy Madar

The Full Court of the Federal Court of Australia on Friday upheld a claim by Alphapharm (together with Sigma and Generic Health) that claims 1 to 17 and 27 of Wyeth’s patent relating to venlafaxine, an anti-depressant used in the treatment of depression, are invalid.

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Agreement over pain killer a tender issue in Europe

25 October 2011

By Suzy Madar

A 2009 inquiry into the European pharmaceutical sector identified competition between ‘originator’ and ‘generic’ companies as an area where pharmaceutical markets “are not working as well as they should”.

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European Court of Justice says no to patents requiring the destruction of a human embryo – an Australian perspective

20 October 2011

By Suzy Madar

Article 6(2)(c) of the European Biotech Directive excludes inventions which use human embryos for industrial or commercial purposes from patentability.

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Therapeutic Goods Legislation Amendment (Copyright) Bill 2011 has commenced! (updated)

31 May 2011

By Suzy Madar

Just over 3 months after the Therapeutic Goods Legislation Amendment (Copyright) Bill 2011 was introduced into Parliament, and 2 weeks after it was passed unamended, the Governor General has given her Royal Assent to the Bill.

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Breaking news – Therapeutic Goods Legislation Amendment (Copyright) Bill 2011 passed unamended

12 May 2011

By Suzy Madar

Further to our earlier post in relation to the introduction of the Therapeutic Goods Legislation Amendment (Copyright) Bill 2011, the Bill has been passed unamended.

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Important Federal Court decision clarifying the test for novelty

28 February 2011

By Suzy Madar

Further to our earlier post in relation to the Federal Court’s decision to revoke a patent claiming “substantially pure” fexofenadine, a compound which was disclosed in prior Australian and US patents, Justice Jessup’s decision provides useful clarification in relation to the test for novelty.

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Something to react to – Federal Court upholds challenge to anti-histamine patent

18 February 2011

By Suzy Madar

Earlier today, Justice Jessup of the Federal Court handed down judgment in AMRI v Alphapharm upholding Alphapharm’s challenge to AMRI’s patent which claimed substantially pure fexofenadine, a drug used to treat allergic reactions, on the ground that it lacked novelty, and for having been granted on the basis of a material false representation to the Patent Office.

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ACIP recommends amending the statutory test for patentability to match that which has been developed by the courts

17 February 2011

By Suzy Madar

The Australian Council of Intellectual Property (ACIP) has completed its review of the appropriateness and adequacy of the test of “manner of manufacture” as a threshold requirement for patentability.

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