The bar has been raised: Prevnar® vaccine case demonstrates the impact of Australian patent law reforms

Merck Sharp & Dohme Corporation v Wyeth LLC (No 3) [2020] FCA 1477   Summary Australia’s Federal Court has delivered judgment in a dispute concerning patents covering improvements in vaccines against Streptococcus pneumoniae, a leading cause of serious infections, particularly in children.  The judgment provides the first detailed analysis by a Federal Court judge of

How to use post-filing experimental data to help establish sufficiency and support

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 was introduced in Australia with the intention of aligning Australia’s written description requirements with those in the UK and Europe. Under the new Act, a specification must disclose the invention in a manner which is clear enough and complete enough for the invention to be

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

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

How do the laws of disclosure and support affect drafting patent specifications?

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (the RTB Act) commenced 3 years ago, and with the passage of the legislation came a number of important changes to the Patents Act 1990 (Cth) (the Act), in particular to increase the thresholds of  ‘disclosure’ and ‘support’ required in a patent specification.  Australian attorneys

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