Category Archive for: ‘Patents’

The Digital Fringe of Patent Law: Federal Court Rules against Research Affiliates

Patenting of software and computer-implemented methods is a controversial area of law. A recent, much-awaited decision of the Federal Court in Research Affiliates LLC v Commissioner of Patents [2013] FCA 71 found a claim to a computer-implemented method of generating a financial index did not involve a sufficient level of computer integration to be considered patentable subject matter. We have …

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Today is the day … for a European Patent Court

European member states have signed an agreement to pave the way for the introduction of an Unitary Patent Court. The agreement was signed in Brussels by 24 EU members and will come into effect following ratification by 13 members (including France, Germany and the UK). The specialised court will hear first instance and appeal disputes relating to European patents. It …

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Australian Court Decides Important Gene Patenting Question – Isolated Genetic Material Patentable Subject Matter

Earlier today, the Federal Court rejected a claim brought by Cancer Voices Australia that isolated genetic material (DNA or RNA) that is naturally occurring in nature is not patentable subject matter. The Court found that while there is “no doubt” that naturally occurring DNA and RNA is not patentable, isolated generic material may be the subject of a valid patent. …

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In the Blue Corner… FTC comes out swinging on product switching

Louise Beange has written an interesting post on our sister blog In Competition about an ‘amicus brief’ issued by the US Federal Trade Commission (FTC) indicating that an incident of ‘product switching’ in the pharmaceutical industry by Warner Chilcott may be a breach of anti-trust laws.  Read more about it here. We’ve previously posted about similar issues on IP Whiteboard …

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No more delay on reverse payments

The Supreme Court of the United States has agreed to hear a dispute over the legality of ‘pay-for-delay’ or reverse-payment agreements between patent holders and generic manufacturers. These are settlement agreements in patent infringement litigation in which patent holders pay generic manufacturers to delay releasing generic alternatives to pharmaceuticals. The US Supreme Court has agreed to hear the US Federal …

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Indian Patent Appellate Board confirms that NGOs can oppose patents after grant in India

On the back of our recent post concerning the grant of compulsory licences for HIV/AIDS and Hepatitis B medicines in Indonesia, the Indian Patent Appellate Board has now revoked Roche’s patent for its hepatitis C drug, Pegasys, on the ground that it was not sufficiently inventive and “increased efficacy” required by India’s Patent law was not proved.  The decision is …

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Government expropriation of patents – more drugs to combat HIV/AIDS and Hep B in Indonesia

On 3 September 2012, the Indonesian Government issued a “government use” decree, a type of compulsory licence, in relation to seven patent-protected HIV/AIDS and Hepatitis B medicines in Indonesia. The decree gives the Minister of Health authority to appoint drug companies to exploit patents on behalf of the Government and the authorisation will be effective until the end of the …

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Compulsory licenses for emergency drugs for developing countries

IP Australia has released an “Exposure Draft” of the Intellectual Property Laws Amendment Bill 2012 (“Bill”). If enacted, the Bill would introduce a special purpose compulsory licensing system for patented pharmaceuticals, with the aim of helping developing nations deal with health epidemics, such as HIV/AIDS and malaria. There is an existing compulsory license scheme under the Patents Act, which is …

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Government announces Review into Pharmaceutical Patents

Further to our previous post about proposed reforms to the patent law, the Australian Government has announced another review – this time of pharmaceutical patents. The Review Panel consists of Mr Tony Harris (former NSW Auditor General), Prof. Dianne Nicol (Associate Dean of Research, University of Tasmania Faculty of Law) and Dr Nicholas Gruen (CEO, Lateral Economics). The panel is …

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