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Patenting proteins: an Australian perspective

Biological molecules, including polypeptides and, in some cases, nucleic acids, can be patented under Australian law.  The level of disclosure that is required to support and enable a claim to a polypeptide will depend on several factors, including:   i.    the identity of the person skilled in the art; ii.   the information disclosed in

Congratulations: Shelston IP Highly Recommended IAM Patent 1000

IAM Patent 1000: The World’s Leading Patent Professionals 2020 has again listed Shelston IP as Highly Recommended for their patent prosecution.   Congratulations to our ranked practitioners Paul Harrison, Chris Bevitt, Greg Whitehead and Michael Christie. “The impeccably qualified team of patent attorneys and attorneys at law at Shelston IP has achieved great success in recent years, especially in tapping

A non-obvious (inventive) solution for issuing parking infringement notices

Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd [2020] FCA 408 This decision forms part of an ongoing battle between two Australian companies over patented technology for improving the efficiency by which authorities monitor and manage access to public parking.  In this decision, the Federal Court of Australia provides some helpful guidance

The matter with added matter in patent specifications – Allowability of amendments under post ‘Raising the Bar’ test

In the recent decision, CSIRO v BASF Plant Science GmbH [2020] FCA 328, the Federal Court of Australia considered the allowability of amendments to patent specifications under s 102(1) of the Patents Act 1990, as amended by the ‘Raising the Bar’ Act[1]. In overturning a decision of the Commissioner of Patents, Beach J decided that

Switching from Biologic to Biosimilar: Australia’s Unique Approach

Switching patients from an originator biologic (the reference product) to a biosimilar version has been a topic of keen interest in recent years, both in Australia and globally, as more biosimilars have emerged onto the market. This trend has flowed from the expiration of data exclusivity and patent protection for a number of important originator

It is becoming clearer when computer-implemented methods are likely, or unlikely, to be deemed patentable subject matter in Australia – Encompass, Rokt and other recent decisions

During the past decade, the patent-eligibility of computer-implemented methods has been a particularly vexing focal point for Australian patent law and practice. With computer technologies now ubiquitous and relatively mature, applying the centuries-old “manner of manufacture” test in a way that is practical and predictable in the eyes of practitioners and their clients has proven

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