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Searching Content indexed under Food, Drugs, Healthcare, Life Sciences by Shelston IP ordered by Published Date Descending.
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1
Australia reigns supreme over the US in patenting diagnostic methods
A non-invasive method of detecting fetal characteristics and abnormalities is patent eligible subject matter in Australia.
Australia
9 Aug 2019
2
Genes, genetic applications and patent eligibility: Australia continues to be a gene-patent friendly jurisdiction
It is also evident that the patent eligibility of gene-based applications varies significantly across jurisdictions.
Australia
5 Jul 2019
3
The plausibility threshold for patent specifications remains low in Australia
The Evolva and MacroGenics decisions provide some guidance on how the Australian Patent Office could assess plausibility.
Australia
6 Jun 2019
4
Claim drafting tip: Written description and obviousness of patent claims with functional features — Two sides of the same coin
Patent practitioners should include functional features in a claim if there is insufficient experimental evidence provided.
United States
23 May 2019
5
Federal Court shows generics how to avoid infringement of Swiss-style claims
Infringement of a Swiss-style claim does require the pharmaceutical patentee to establish the manufacturer's intention.
Australia
14 Mar 2019
6
The growing medicinal cannabis market – using IP to secure opportunities in Australia
The article discusses the history of medicinal cannabis, the Australian market and the types of IP that can be utilised.
Australia
13 Dec 2018
7
UK raises the threshold of test for plausibility of patent – will Australia follow?
An Australian court could consider this decision, despite the Lords being split on the relevant test for plausibility.
Australia
12 Dec 2018
8
The gene patent dichotomy between the US and Australia
The differences between US and Australian patent eligibility practices for gene-based inventions are included in a table.
Australia
8 Mar 2018
9
The curious case of IP and the TPPA-11
The TPPA-11 is what remains of the Trans-Pacific Partnership (TPP) Free Trade Agreement following the US withdrawal.
Australia
15 Sep 2017
10
Patent Term Extensions (PTEs) in Australia: under pressure - but safe for now
The outcome of consultation with the sector will not be known for some time and progress will be monitored with interest.
Australia
8 Sep 2017
11
Should the Australian Patent Office be denying patent eligibility to cDNA inventions?
The Patent Office may have an opportunity to reconsider patent eligibility of cDNA with consistent examination practice.
Australia
23 Aug 2017
12
Another small victory for Australian Government in pursuit of damages for PBS over-payments
There is no certainty of PBS damages associated with a pharmaceutical patentee obtaining an interlocutory injunction.
Australia
9 May 2017
13
Another small victory for Australian Government in its pursuit of damages for PBS over-payments during interlocutory injunction period
This decision removes what could have been a significant practical barrier to the Government proving its damages claim.
Australia
4 May 2017
14
$30m for infringement of Bayers Australian Yasmin patent – a "small" jurisdiction with big benefits
This case set a new benchmark in Australia for future patent infringement damages claims against generic manufacturers.
Australia
30 Mar 2017
15
The importance of Swiss-style claims in Australian pharmaceutical patents
This recent decision highlights the importance of including Swiss-style claims in Australian pharmaceutical patents.
Australia
3 Mar 2017
16
Federal Court of Australia confirms that offers made during patent term to supply after patent expiry constitute infringement
This outcome is likely to restrict the marketing activities of potential infringers in the lead-up to the patent expiry.
Australia
22 Feb 2017
17
Criteria for pharmaceutical patent term extensions clarified - 2016
For a patent to be eligible for a term extension, the pharmaceutical substance must be explicitly listed on the ARTG.
Australia
3 Aug 2016
18
Intellectual property & the pharmaceutical industry: Interview for the Annual Pharmaceutical Law, Reform & Regulation Conference 2016
A Principal from Shelston IP discusses the current issues surrounding patent law and the pharmaceutical industry.
Australia
29 Jul 2016
19
Commonwealth damages claim for overpaying on patented products continues
If damages are awarded to the Commonwealth, this will concern patentee companies considering interlocutory injunctions.
Australia
26 Jan 2016
20
Australian Patent Office takes a narrow view of the Myriad High Court ruling
The APO released and invited public consultation on its proposed revision of examination practice in view of the ruling.
Australia
24 Nov 2015
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