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392 results found

Article

Shelston IP Pty Ltd | Australia | 3 Jun 2020

The matter with added matter in patent specifications - Allowability of amendments under post ‘Raising the Bar’ test

In the recent decision, CSIRO v BASF Plant Science GmbH [2020] FCA 328, the Federal Court of Australia considered the allowability of amendments to…
Article

Shelston IP Pty Ltd | Australia, European Union | 28 May 2020

Switching from Biologic to Biosimilar: Australia’s Unique Approach

Switching patients from an originator biologic (the reference product) to a biosimilar version has been a topic of keen interest in recent years…
Article

Shelston IP Pty Ltd | Australia | 26 May 2020

IP Australia extends period for requesting extensions of time for deadlines which cannot be met due to COVID-19

Initially, in April 2020, IP Australia announced that free extensions of time of up to three months could be requested until 31 May 2020 when a…
Article

Shelston IP Pty Ltd | Australia | 26 May 2020

It is becoming clearer when computer-implemented methods are likely, or unlikely, to be deemed patentable subject matter in Australia - Encompass, Rokt and other recent decisions

During the past decade, the patent-eligibility of computer-implemented methods has been a particularly vexing focal point for Australian patent law…
Article

Shelston IP Pty Ltd | Australia | 25 May 2020

Pilkin v Sony Australia Limited

Mr Vitaly Pilkin appealed from a Federal Court decision summarily dismissing his patent infringement proceedings against Sony Australia and refusing…
Article

Shelston IP Pty Ltd | Australia | 21 May 2020

It’s a scheme! Rokt overturned in Full Federal Court decision on patentable subject matter

The long-awaited decision in the appeal of Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988 has finally been handed down, with the Full Federal…
Article

Shelston IP Pty Ltd | Australia, Canada | 18 May 2020

TGA transparency reforms (part 2): Early publication of major innovator prescription medicine applications

In Part 1 of this series (available here), we examined the impact of the proposal by Australia’s Therapeutic Goods Administration (TGA) to provide…
Article

Shelston IP Pty Ltd | Australia | 14 May 2020

Australian Designs - Changes on the way

IP Australia has now released its proposals for implementing the recommendations of the Advisory Council on Intellectual Property’s (ACIP) to improve…
Article

Shelston IP Pty Ltd | Australia | 7 May 2020

The Claws Come Out - A Distinctive Design

Caterpillar Inc. (Opponent), the well-known US construction equipment manufacturer, was partially successful in its oppositions to registration of…
Article

Shelston IP Pty Ltd | Australia | 5 May 2020

Federal Court dismisses first Commonwealth damages claim against an unsuccessful pharmaceutical patentee

In an unprecedented decision, the Federal Court of Australia has considered and dismissed a claim by the Commonwealth Government for compensation…
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