Spotlight moves to innovation patents

On 17 August 2011, the Advisory Council on Intellectual Property (“ACIP”) released an issues paper entitled “Review of the Innovation Patent System” (the “Issues Paper”).  A copy of the Issues Paper can be accessed here.  Submissions close on 14 October 2011.  ACIP is also planning to hold round-table workshops in both Melbourne and Sydney.

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Subjects: Patents

Australia follows suit in gene patent battle

In March, we blogged on the decision of a US district judge which held that patents directed to the detection of inheritable breast cancer were invalid (click here to read our earlier post).  Hot on the heels of the US decision comes an attack on the validity of Myriad Genetics’ Australian patent for the gene mutation BRCA1 (commonly known as the breast cancer gene). 

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Subjects: Patents

Myriad of claims imperilled following US ruling on breast cancer gene patent

A US district judge has ruled that patents directed to the detection of inheritable breast cancer are invalid, on the basis that the invention was directed towards a law of nature.  The patents were in the name of Myriad Genetics, Inc and were challenged by the American Civil Liberties Union and other advocacy groups. We blogged on the case earlier this year.

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Subjects: Patents

“To authorise” has the same meaning for patents and copyright

Authorisation seems to be the flavour of the month.  Hot on the heels of the iiNet decision regarding authorisation liabliity for copyright infringement, Justice Bennett handed down judgment in Inverness Medical Switzerland GmBH v MDS Diagnostics Pty Ltd [2010] FCA 108, in which her Honour had cause to consider the meaning of "authorise" under s 13 of the Patents Act 1990 (Cth) (Patents Act read more...

Subjects: Patents

What is patentable subject matter? Is the ‘manner of manufacture test’ on its way out (yet again)?

On 21 September 2009, the Advisory Council on Intellectual Property (“ACIP”) released an options paper on patentable subject matter.   

'Manner of manufacture' test

The paper analyses and discuses the value of the ‘manner of manufacture’ test currently used in determining whether an invention is patentable.   ACIP is seeking comments on the following four options:

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Subjects: Patents

Medrad v Alpine: Interlocutory injunction granted

On 25 August 2009 Justice Kenny handed down her decision in Medrad Inc v Alpine Medical Pty Ltd [2009] FCA 949.  Her Honour granted an injunction to the applicant (represented by Mallesons) restraining the respondents from selling certain disposable syringes in Australia.  In doing so, Justice Kenny refuted that it was the practice of the court to refuse an interlocutory injunction where the validity of a patent is being challenged.

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Subjects: Patents

Full Federal Court confirms that grace period is available for divisional patents

The full Federal Court in Mont Adventure Equipment Pty Ltd v Phoenix Leisure Group Pty Ltd [2009] FCAFC 84 has held that a divisional patent application can rely on the filing date of its parent application and therefore claim the benefit of the 12 month grace period. Read our full alert here.

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Subjects: Patents