A clear mistake in a claim term cannot be corrected through claim construction

In GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No 2) Limited v Generic Partners Pty Limited [2018] FCAFC 71, the Full Federal Court has found that terms used in claims cannot be interpreted beyond their plain meaning.  Such a decision emphasises that great care is required when drafting claims that contain words or phrases that have a

Australia remains a gene-patent friendly jurisdiction

When the Australian High Court ruled against the patentability of isolated naturally occurring genes in the Myriad decision, a number of commentators believed that the decision would ultimately invalidate claims directed to methods involving the practical application of genes. A recent Federal Court decision, however, has confirmed that claims directed to methods involving the correlation

The Full Court of the Federal Court finds computer-implemented invention not patentable

The Full Court of the Federal Court has dismissed the patent applicant’s appeal in Research Affiliates LLC v Commissioner of Patents [2014] FCAFC 150 (link), finding that the computer-implemented inventions in issue were not patentable subject matter under Australian law.   The case concerned patent claims for computer-implemented methods and systems for generating financial securities