Today is the day … for a European Patent Court
20 February 2013
European member states have signed an agreement to pave the way for the introduction of an Unitary Patent Court.
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Suzy Madar
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
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
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
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
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
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
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
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
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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