The “plausibility” threshold remains low in Australia

The requirement that a patent specification sufficiently enables the subject matter of the claims is particularly relevant to pharmaceutical inventions and can be a hurdle for innovators even if a claimed invention is deemed novel and inventive. In the absence of any prior art, the claimed invention can fail the enablement requirement if it is

UK raises the threshold for plausibility – will Australia follow?

The UK Supreme Court has handed down its judgement in Warner-Lambert v Generics & Anr [2018] UKSC 56 in which the issue of plausibility was considered in-depth. The Supreme Court unanimously held that broad medical treatment claims were invalid, with the majority finding that the requirement of plausibility is not a low, threshold test.  This