261-270 of 294 results
Reasonable belief or a mere suspicion? Full Court lowers the bar on preliminary discovery applications
The Full Federal Court has handed down a significant decision on preliminary discovery in a result that will be welcomed by IP owners, as the court has clarified the requirements for a successful preliminary discovery application while emphasising the need for such applications to be met with brevit ...
Looks can be deceiving: deceptive similarity, substantial identity and trade mark infringement
This Insights examines the interpretative requirements for determining a trade mark infringement ...
Bested by 'best method' requirement
Australias unique statutory best method requirement continues to get the better of patent applicants and patentees Associate Claire Gregg looks at two recent decisions that provide some insight into the requirement of disclosing the best method known to the applicant of performing the invention at ...
Full Federal Court overturns decision allowing patent term extension of 'Swiss-style' claims
The Full Federal Court has unanimously held that patent term extensions are not available for second medical use claims involving the use of recombinant DNA technology This decision overturns a controversial finding of the Administrative Appeals Tribunal last year and means that any patent term ...
Government responds to Productivity Commission's IP inquiry
The Federal Government has released its response to the recommendations proposed by the Productivity Commission following its inquiry into Australias IP arrangements ...
Trade mark owners beware
The Full Federal Court has put trademark owners in Australia making it clear that when trade mark applications are filed in the incorrect name, the defect is fatal. Accordingly, it is vital that trade mark owners conduct a critical analysis of their trade mark portfolios and ensure that valid rights ...
Assessment of biosimilars - Is Australia leading, following or going its own way?
The ongoing lack of certainty about what is required to obtain biosimilar registration in Australia extends to three key issues - Comparability is the new product sufficiently similar to permit it to rely on the reference products safety and efficacy data Extrapolation for which of the indications ...
Protecting innovation without patents - data exclusivity and market exclusivity
Developments in patent law and the consequential limitations on patentability for biologic medicines mean that data exclusivity and market exclusivity can be the primary protection afforded to originator biologic medicines This is most stark in the US where patent protection for biologic medicines ...
Full Court comes down hard on business method patent, but software remains patentable
In an eagerly awaited appeal decision in emRPL Central v The Commissioner of Patentsem the Full Federal Court has decided that the evidence-gathering method the subject of RPL Centrals innovation patent was a mere scheme abstract idea or business method that did not constitute patentable subject ...
Patent examination guidelines in the wake of Myriad
Following public consultation on proposed examination guidelines issued on 16 October 2015 the Commissioner of Patents has established a revised examination practice taking into account the High Courts decision in emDArcy v Myriad Genetics Incem Dr Trevor Davies Partner at Allens Patent amp Trade ...