Tricks of the Trade: There’s a word for that (and usually many more)

When Winston Churchill said, “broadly speaking, the short words are the best, and the old words best of all”, he (most likely) wasn’t speaking about the words found in patent specifications.  However, in saying that, he is both right and wrong.   Old, short words would be described today as “plain English”.  Describing something in

Federal Court dismisses first Commonwealth damages claim against an unsuccessful pharmaceutical patentee

In an unprecedented decision, the Federal Court of Australia has considered and dismissed a claim by the Commonwealth Government for compensation from sponsors of innovator pharmaceutical products, pursuant to undertakings as to damages given in exchange for an interlocutory (preliminary) injunction restraining the launch of the first generic product: Commonwealth of Australia v Sanofi (No

Best Patent Cases 2019 – Australia and New Zealand

Welcome to Shelston’s wrap-up of the most notable patent decisions in Australia and New Zealand delivered during 2019. It was a busy year for patent jurisprudence with some interesting themes emerging – in particular, it has been a banner year for decisions on the “manner of manufacture” requirement for patentable subject matter.   Read our

The distinction between repair and re-making: The Full Court clarifies the law on refurbishing a patented product

This important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation [2019] FCAFC 115 clarifies the position on an area of law that, surprisingly, is still developing in Australia, namely the scope of the implied licence issuing from the sale of a patented product.   Re-manufacturers that

Genes, genetic applications and patent eligibility: Australia continues to be a gene-patent friendly jurisdiction

Non-invasive prenatal genetic testing based on maternal blood sampling is replacing older invasive forms of testing – a paradigm shift in prenatal medicine. The patent rights associated with these methods have been litigated in several jurisdictions, most notably to date the US, UK and Australia. This decision of Justice Beach in Sequenom, Inc. v Ariosa

Private Member’s Bill proposes second-tier New Zealand “advancement patent”

A New Zealand “innovation (or advancement) patent”?  Now distinctly possible.  Australia’s second-tier innovation patent regime has been all over the news recently – literally overnight, it went from death row to receiving a stay of execution. Although it is not without its faults, has been prone to certain unintended outcomes and has recently gained some

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