A ‘biosimilar medicine’ or ‘biosimilar’ is a highly similar, but not identical, version of an original biological medicine (‘reference medicine’) – a medicine comprised of large complex molecules derived in some way from a living organism. In this sense, a biosimilar differs to some extent from a traditional small molecule “generic” medicine, which is commonly
The “glass half empty” headline: Innovation patent spends Christmas on death row. The “glass half full” headline: Innovation patent lives to fight another day (year). Notwithstanding, optimistic and the pessimistic angles will invariably converge early in the New Year, as the fate of Australia’s second-tier “innovation patent” is up there with death and
In Pinnacle Runway Pty Ltd v Triangl Limited ( FCA 1662, 10 October 2019), Pinnacle Runway Pty Ltd alleged infringement of its trade mark registration for DELPHINE by Triangl Group Ltd. The allegation concerned the use of that word in relation to bikinis. Background The essential issue and basis of the ultimate decision is neatly
In recent years, IP “buzzwords” have included superconductors, gene patents, business methods and computer software. Society’s ever-increasing environmental awareness now dictates that “cleantech” is the latest vogue. The Australian Patent Office offers the facility to request expedited examination of any patent application if the applicant provides good reason (this may be as vague as “commercialisation”).
It seems that the abolition of Australia’s second-tier patent system, the innovation patent, (as detrimental as this will be for Australian business) could be considered as a high-profile distraction to divert attention away from new laws that will potentially render patents claiming chemical compounds, with reference to a structural formula, vulnerable to invalidation. This
The Intellectual Property Amendment (Productivity Commission Response part 2 and other Measures) Bill 2019 was passed by the Senate on 16 October 2019. This will result in the abolition of Australia’s second-tier patent system, the innovation patent. Many small- and medium-sized Australian businesses and relevant industry groups, including the Australian Chamber of Commerce and