IP Australia has published its guidelines for examining whether a patent application claims a manner of manufacture under s 18(1)(a) and (1A)(a) in light of the High Court’s ruling in D’Arcy v Myriad. According to the guidelines, Examiners will find it useful to ask: What is the substance of the claim (not merely its form)? Has the substance of the claim been “made” or changed by man, or is “artificial”?.. Read More
Product Management Group (PMG) has lost its appeal from Middleton J’s finding that it infringed Blue Gentian’s innovation patents for a self extending/collapsing garden hose. The appeal seems like a fairly straightforward application of construction principles and demonstrates, yet again, how slender an innovation need be to secure a monopoly for eight years. There may, however, be a question for the future whether or not the “substantial contribution” to the.. Read More
The Full Court (Dowsett, Kenny and Nicholas JJ) has upheld the Commonwealth’s power to sue for damages on the undertaking as to damages given by Sanofi and Wyeth when obtaining interlocutory injunctions against generic suppliers.
Following the High Court’s ruling that Myriad’s claims for isolated DNA relating to BRCA1 were not patentable subject matter, IP Australia has released a “consultation” on how it proposes to treat patent applications claiming genetic material.
The Productivity Commission has released an issues paper for its inquiry into Intellectual Property Arrangements.
A closer look at the High Court’s ruling in D’Arcy v Myriad
High Court allows D’Arcy’s appeal against patentability of isolated gene sequences for BRCA1
The Full Federal Court has held that the (+) enantiomer of citalopram is itself a pharmaceutical substance per se and so eligible for term extension
The High Court has dismissed Astrazeneca’s appeal against the finding that its rosuvastatin patent was obvious.
Nicholas J stays dissolution of interlocutory injunction pending Otsuka’s appeal from invalidity of aripiprazole patent judgment. Commonwealth gets security for undertaking as to damages.