Australia’s best method requirement bares its teeth again!

Last year we reported on a Full Court of the Federal Court decision that confirmed the importance of disclosing, in a patent specification, the best method of performing an invention as required under the Australian Patents Act 1990.   In Kineta, Inc. [2017] APO 45 (31 August 2017), the Patent Office has followed the Full

Australia’s pharmaceuticals patents under review

The Australian Government has announced a review of the pharmaceutical patents system to establish whether it is “effectively balancing the objectives of securing timely access to competitively priced pharmaceuticals, fostering innovation and supporting employment in research and industry” and, in particular, whether the system “is being used to extend pharmaceutical monopolies at the expense of new market entrants”.

Differences in trans-Tasman patent law: Patents and experimental use

Patents legislation throughout the world generally provides that one party shall not exploit another’s patented invention. On the other hand, it is widely accepted at common law that experimenting with or around such an invention is permissible so long as such experimentation is not commercial in nature. The so-called Experimental Use Exception to patent infringement

Research and regulatory use exempt from patent infringement

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 was passed into law on 15 April 2012. The majority of provisions in the Act come into effect on 15 April 2013. However, the exemptions for research and regulatory use will apply immediately. One of the schedules of the Bill was to provide freedom of access to