Australia: Intellectual Property

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Article
The 2026 Pharmaceutical Patent Review
Australia's pharmaceutical patent landscape has reached a critical juncture, with appellate courts reconsidering fundamental principles of patent scope, term extensions, and remedies that will shape originator-generic disputes for the foreseeable future. As the High Court prepares to rule on patent term extensions for formulation patents and new Federal Court practice directions take effect, the strategic calculus for both innovators and generic entrants is being fundamentally rewritten.
Australia IP
SF
Spruson & Ferguson
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Article
The 2026 Pharmaceutical Patent Review
Australia's pharmaceutical patent landscape has reached a critical juncture, with appellate courts reconsidering fundamental principles of patent scope, term extensions, and remedies that will shape originator-generic disputes for the foreseeable future. As the High Court prepares to rule on patent term extensions for formulation patents and new Federal Court practice directions take effect, the strategic calculus for both innovators and generic entrants is being fundamentally rewritten.
Australia IP
SF
Spruson & Ferguson
See more