Continuing on with my article in relation to timing and costs associated with amendments in Australia, this article delves into differences in New Zealand. Despite the relatively close proximity of the two countries, the timing and costs in New Zealand and Australia are quite different. Pre-prosecution An...
Under Australian practice, amendments can be submitted at any time throughout the life of a patent. However, there are some restrictions as to the type of amendments and there are also costs associated with amendments at different times. Pre-prosecution An amendment to the claims and/or specification prior...
As patent attorneys, we meet inventors who are at different stages in the development of their invention. As a result, we get some inventors who contact us ‘a bit too early’ and some inventors who contact us ‘a bit too late’. Regardless, the important part...
The Federal Court of Australia in Merck Sharp & Dohme Corp. v Sandoz Pty Ltd [2021] FCA 947 has provided further guidance regarding patent term extension (PTE). Patent Term Extension Australian patent law allows an extension of term, for up to five years, on patents that cover...
The Full Federal Court of Australia, in Ariosa Diagnostics, Inc v Sequenom, Inc [2021] FCAFC 101, has unanimously upheld the decision that a method of detecting cell-free fetal DNA (cffDNA) in the plasma and serum of pregnant women is patent eligible subject-matter. Background In Sequenom, Inc. v...
Continuing on with my article in relation to the differences in double patenting in Australia and New Zealand, this article discusses some of the differences between divisional filing practice in Australia and New Zealand. Australia In Australia, a divisional patent application may be filed from a patent...
Double patenting is the granting of two patents for a single invention to the same Applicant in a single country. Double patenting is not allowed because two patents for the same invention cannot be granted to the same Applicant. This article goes through the differences...
A Pharmaceutical Patent Term Extension is an option that is available to eligible patentees in Australia and is intended to restore a portion of the patent term that is lost while the pharmaceutical product awaits regulatory approval. Under Australian patent law, the term of a pharmaceutical...
Further to our previous updates regarding IP Australia and the COVID-19 pandemic, IP Australia has decided to extend the deadline for requesting extensions of time when a deadline cannot be met due to COVID-19. The deadline has been extended to 31 October 2020. To reiterate, IP...
A recent decision (Commonwealth Scientific and Industrial Research Organisation v BASF Plant Science GmbH [2020] FCA 328) from the Federal Court of Australia has provided some clarification on the impact of the Raising the Bar amendments relating to the allowability of amendments in Australia under...
