New Australian patents claiming chemical compounds may be vulnerable to revocation

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

Missed an Australian patent deadline? Here’s what to do

In some jurisdictions, patent prosecution deadlines and deadlines for payment of maintenance fees (sometimes called renewal fees) are a “life and death” issue and missing a deadline can be fatal, resulting in the irretrievable loss of rights.  Australia, however, has a more lenient approach and the legislation very generously provides for extensions of time, affording

Death of the ‘starting point’ approach: AstraZeneca v Apotex

A recent decision of the Full Court of the Federal Court of Australia, AstraZeneca AB v Apotex Pty Ltd (2014) 312 ALR 1 (‘AstraZeneca’) has clarified the tests for novelty and inventive step under the Patents Act 1990 (Cth). In relation to inventive step, the Full Court in AstraZeneca marked its disapproval of the ‘starting