High Court upholds Lundbeck’s application out of time to extend the term of its escitalopram patent
The High Court has granted special leave to Aspen Pharma to appeal from the Full Federal Court’s decision to allow Lundbeck to apply to extend the term of its patent 10 years late. The High Court was not interested at all in the exercise of the discretion to allow a 10 year extension. the question is whether a power to extend time exists at all.
The patent war over escitalopram in Australia is still going! One aspect of the Alphapharm / Lundbeck case I had forgotten (if I appreciated it at the time) was that Lindgren J quashed the extension of the patent’s term under s 70ff. In June 2009, after the Full Court upheld Lindgren J’s decision, Lundbeck made a new application for an extension of term and also applied under s 223 for.. Read More
The Commonwealth Government’s Pharmaceutical Patents Review has published a draft report. The draft Report is some 200 or so pages long; contains 4 draft findings and 15 draft recommendations (although recommendation 5 relating to the extension of term regime proposes 2 different alternatives). There appears to be considerable, fascinating data reported. The scope and detail of the draft report will plainly require much further consideration. At the policy level, the.. Read More
The Parliamentary Secretary for Industry and Innovation, Mark Dreyfus, has appointed a panel to review the patenting of pharmaceuticals in Australia. According to the Terms of Reference, the review: will evaluate whether the system for pharmaceutical patents is effectively balancing the objectives of securing timely access to competitively priced pharmaceuticals, fostering innovation and supporting employment in research and industry. Central to this will be an analysis of the pharmaceutical extension of.. Read More