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

Heading off generic market entry which does not patent infringe

A preliminary discovery application brought in the Federal Court of Australia by GlaxoSmithKline Australia Pty Ltd (GSK) shortly before Christmas has sparked interest in the potential for patentees to prevent non-patent infringing generic pharmaceutical products entering the Australian market. Background facts The paracetamol market in Australia saw significant legal attention in the last months of