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

Patentee ‘caned’ for use of the phrase ‘It is found…’ in its patent specification

Australian Courts have repeatedly rejected1 the notion that what the applicant says during prosecution can be held against the patentee during later litigation.  However, the general absence of a doctrine of prosecution history estoppel in Australian practice should, in no way, be taken as tolerance by the Courts for representations which stray into misdirection.