Federal Court shows generics how to avoid infringement of Swiss-style claims

Under Australian practice, both method of treatment and Swiss-style claims, in the format use of [compound X] in the manufacture of a medicament for the treatment of [condition Y]” are permitted. As reported previously, method of treatment and Swiss-style claims are directed to different infringing acts in Australia. This highlights the importance of pursuing both

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

The importance of Swiss-style claims in Australia

The Federal Court has recently issued a decision that highlights the importance of including Swiss-style claims in Australian pharmaceutical patents.   As reported previously, the Federal Court (Nicholas J) confirmed in Apotex Pty Ltd v Warner-Lambert Company LLC (No 3) [2017] FCA 94 that offers made during the term of a patent to supply infringing

Australian Patent Office overruled – Swiss-style claims can confer eligibility for patent term extensions

As previously reported, the Australian Patent Office issued two decisions in August 2015 in which it found that Swiss-style claims (which are of the general type “Use of compound X in the manufacture of a medicament for a specified (and new) therapeutic use”) cannot be used to support a patent term extension (PTE).  However, this

Normal service resumed? – Swiss-style claims and extensions of patent term

The Australian Patent Office has issued recent decisions (ThromboGenics NV [2015] APO 44 and AbbVie Biotechnology Ltd [2015] APO 45) finding that an extension of patent term will not be allowed in respect of Swiss-style claims.   Background Marketing of pharmaceuticals in Australia requires approval by the Therapeutic Goods Administration and inclusion in the Australian