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 patent specifications under s 102(1) of the Patents Act 1990, as amended by the ‘Raising the Bar’ Act[1]. In overturning a decision of the Commissioner of Patents, Beach J decided that

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, both in Australia and globally, as more biosimilars have emerged onto the market. This trend has flowed from the expiration of data exclusivity and patent protection for a number of important originator

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 and practice. With computer technologies now ubiquitous and relatively mature, applying the centuries-old “manner of manufacture” test in a way that is practical and predictable in the eyes of practitioners and their clients has proven

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 deadline could not be met due to the effects of COVID-19.  We are pleased to report that this period has now been extended until 30 June 2020.  Depending on

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 leave to serve Sony entities out of jurisdiction in the US and the UK (see our discussion of that earlier decision in our Best Patent Cases 2019 publication).  The Full Federal Court refused Mr Pilkin’s

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 Court finding the application to be “a marketing scheme”, and establishing that the claimed invention is not patentable subject matter.   The Full Federal Court has handed down their

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