Has “Raising the Bar” actually raised the bar on inventive step?

Nearly four years ago, on 15 April 2013, Australian patent law entered a brave new world.  Gone were the days of so-called “soft” patentability criteria that were out of kilter with those of our major trading partners – the Raising the Bar Act was going to change all of that.  One reputedly soft criterion was

The requirements of disclosure and support in Australian patent specifications post ‘Raising the Bar’

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (the RTB Act) commenced on 15 April 2013, and with it came a raft of changes to Australian patent law. Some of the most significant changes were intended to set higher thresholds for the level of disclosure and support required in a patent specification. In

Three strikes, you’re out: Rosuvastatin generics in the clear

The High Court of Australia handed down its decision yesterday in the appeal by AstraZeneca (AstraZeneca AB v Apotex Pty Ltd (2015) HCA 30), against last year’s ruling by the Full Court of the Federal Court,  affirming the Full Court’s decision that AstraZeneca’s low dose rosuvastatin patent was obvious.   The High Court has unanimously

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

Trade Marks Office issues first decision under new rules on extensions of time

Changes to the regulations governing extensions of time in trademark opposition proceedings in Australia came into effect on April 15 2013 as a consequence of the Raising the Bar legislation. The Australian Trademarks Office has now issued its first decision (MG Icon LLC v Caprice Australia Pty Ltd) on whether to grant an extension under those provisions. The

Preliminary Search and Opinion and fee for patent applications in AU

Commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 in Australia on 15 April 2013 introduced a number of major changes for patents and patent applications. The more significant of these changes included: increased patentability standards a reduction in time frames for examination and the streamlining of patent opposition procedures. In addition to these

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