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

Patent Term Extensions in Australia: under pressure but safe for now

Government responds to the Productivity Commission Report and the Courts find “Swiss-style” claims not sufficient for a PTE   The Australian Government, in its highly anticipated response to the Productivity Commission’s Report, recommended only a minor change to the legislation relating to patent term extensions (PTEs).  Almost simultaneously, in the equally eagerly-awaited decision of the

Is the term of your US patent critical? If so, you may want to carefully consider how the US patent is prosecuted in order to maximize Patent Term Adjustment. Here’s how…

One of the many differences between Australian patent law and US patent law is the term of a patent.  In Australia, the term of a patent runs for a fixed 20 years from the filing date.  However, an extension of up to 5 years is available for certain standard patents relating to pharmaceutical substances.  Whilst

Patent Office decision highlights identification of applications eligible for a pharmaceutical patent term extension

The term of an Australian pharmaceutical patent may be extended if a product covered by the claims receives regulatory approval in Australia. An extension of the term of a patent can be worth literally hundreds of millions of dollars to the patentee. Consequently, this is an area of Australian patent law that is of significant

Differences in trans-Tasman patent law: extension of term for pharmaceuticals

This is the latest in a series of articles intended to highlight some of the major differences between the patent laws of Australia and New Zealand. Whereas patentees are typically encouraged to view Australia and New Zealand as a common market, the reality is that this impression may not be 100% accurate. As may be