Using post-filing evidence and/or data to improve patent outcomes in Australia 

Ring Binder Used Stored Documents

Post-filing evidence or data can be a very useful tool during prosecution. In Australia, Examiners are generally very responsive to post-filing evidence and data. In this regard, post-filing evidence or data can be utilised to address support, sufficiency, and inventive step objections raised during the prosecution of an Australian patent application.  Support  Section 40(3) of […]

Patent office decisions in the Life Sciences 2023

Researcher in Laboratory, dressed in white and holding Petri Dish and Leaf

As we come to the end of 2023, we can reflect on some of the decisions that have passed through the Australian Patent Office for technologies in the Life Sciences space. Whilst not all cases will be discussed in the present article, we present case summaries for a selection of these that may be of […]

A Place for Patent Protection in Australia’s AI Ecosystem

Ai - representation of human face and synaptic imagery on blue background

The National Artificial Intelligence Centre, a branch of CSIRO, has recently released the AI Ecosystems Report 2023. The report highlights the key artificial intelligence areas that Australian innovators should pursue in order to become globally competitive, including the livestock, horticulture and medical technologies industries. Also highlighted is the need for inventors to pursue intellectual property […]

Patent considerations in the immunotherapy space: Claiming by function or target

National Cancer Institute Gcrsghdrniy Unsplash

Following on from our previous article, which explored antibody claiming by structure, the present article delves into some detail around the second type of format that is commonly used when claiming antibodies: claiming by function or target. As discussed in our previous article, claims that are directed solely towards protecting the functional aspect of the […]

Patent considerations in the immunotherapy space: Claiming by structure

Chemist Ppe Suit Using Micropipette Filling Test Tubes Modern Equipped Laboratory Team Scientists Examining Virus Evolution Using High Tech Vaccine Development Against Covid19

In our previous articles, we discussed some general considerations that are likely important for Applicants seeking to obtain international patent protection for antibody inventions. These considerations, which concerned the requirements for support and enablement, as well as the requirements for inventive step focused primarily on Australia, the US and Europe as the main jurisdictions for […]

Inventive step considerations in the immunotherapy space

James Cook University Laboratory

Following on from our previous article, which discussed some considerations for support and enablement of antibody inventions, our present article discusses the assessment of inventive step across the jurisdictions of Australia, Europe and the US, which relates closely to the criteria for support and enablement. Inventive step objections typically arise as a result of insufficient […]

Patent Considerations in the Immunotherapy Space: Support and Enablement

National Cancer Institute S9wllvdlbx4 Unsplash

Market analytics reveals that the global antibody therapy market revenue is expected to surpass USD $450 billion by 2028, which by comparison is more than double that of the global market value of approximately USD $180 billion back in 2021. Such growth in the global market is driven predominantly by research in the therapeutic space, […]

A Guide to Plant Breeder’s Rights in Australia and New Zealand: Part 4

Chuttersnap Umncjq4kpca Unsplash

This article represents the final instalment of our 4-part series guide to Plant Breeder’s Rights (PBRs). In part 1 of the series, we discussed some general considerations that may be of interest to Applicants seeking to apply for PBRs in Australia and in New Zealand. This was followed by part 2, whereby we outlined the […]