IPwars.com

Mainly intellectual property (IP) issues Down Under

Pregabalin 2 – the invalidity appeal

In addition to clarifying infringement of method claims, the Full Court in Warner-Lambert (PregablinI also dismissed Apotex’ appeal against the findings that the Patent was fairly based and not invalidated by a false suggestion.

AIPPI Sydney 3 – sufficiency

AIPPI Sydney: the sufficiency requirement in patents and IP and competition

WIPO patent studies

WIPO has published 2 studies on inventive step and sufficiency of disclosure in patent laws.

Abstract principle, fine art or just unknowable

Jessup J has upheld the rejection of a patent for an auscultative method on grounds the claimed invention was insufficiently clearly disclosed.

Did the Earth move for you too?

Most of the substantive Raising the Bar amendments came into force today. Amongst other things, schedule 1 of the Raising the Bar Act introduced a raft of changes designed to raise the threshold of patentability – i.e., make it harder to get a patent. These include: introducing the really diligent searcher of prior art for obviousness via changes to s 7(3)[1] so that it will be permissible to combine any.. Read More

Scope of disclosure in an innovation patent

Patentology has a nice summary of the innovation patentee’s successful appeal in Seafood Innovations Pty Ltd v Richard Bass Pty Ltd [2011] FCAFC 83. One point: it seems like the disclosure in the body of the specification supporting the broadest claim was at a level of generality similar to that upheld by the High Court in the first round of Lockwood. Wonder how that will hold up for future application under.. Read More

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