Intervet parries a challenge to its combination injectable anthelmintic formulation patent application

Boehringer Ingelheim Animal Health USA Inc. v Intervet International B.V. [2020] FCA 1333 Key takeaways: For novelty purposes, expert evidence does not make up for a lack of sufficiently clear and unambiguous directions in the prior art or for a lack of teaching that would inevitably result in the invention Invention was a “substantial departure”

Pharmaceutical patent term extensions: broader is not always better

Ono Pharmaceutical Co., Ltd. et al [2020] APO 43 (16 September 2020) Background Australia’s Patents Act provides a patent term extension (PTE) to account for the delays that can occur when obtaining regulatory approval for a pharmaceutical substance.   The extension can last for up to five years and is available when the following requirements are

Tricks of the Trade: Searching the unsearchable

Patent searching is already black magic, wrapped in a puzzle, inside an enigma, passing through a black box, and thinking about how something could be unsearchable is an extra layer you just don’t need, so, how do you find something you can’t search for?   To assist, I’ll define what I consider unsearchable.  It’s essentially

Shelston IP Webinar – Pharmaceutical patent term extensions in Australia

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Update: New extended deadline of 31 October 2020 for requesting extensions of time at IP Australia when a deadline cannot be met due to COVID-19

IP Australia is providing free extensions of time of up to three months if a deadline cannot be met due to the effects of COVID-19.  The period for requesting such an extension has now been extended until 31 October 2020.  Depending on the ongoing impact of the pandemic, both in Australia and overseas, this period

Australian Designs – Draft Bill now released

Following on from our article of 14 May 2020, Australian Designs – Changes on the Way, we advise that the Australian Designs Exposure Draft Bill, Regulations, accompanying draft Explanatory Memorandum and Explanatory Statement have now been released.  IP Australia have invited interested parties to provide comment and Shelston IP has made a submission.   If

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