Adrian M. Trioli

Intellectual Property - Melbourne, Australia

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Methods of Medical Diagnosis are Patentable Inventions in Australia

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Ariosa Diagnostics, Inc v Sequenom, Inc [2021] FCAFC 101[1] A recent Full Federal Court of Australia decision held that methods of medical diagnosis are clearly patentable subject matter in Australia. We previously reported the first instance decision of the Federal Court of Australia,[2] which on this issue, has been approved by the Full Federal Court […]

Australia: Introduction of Patent Box Tax Concessions for Australian Medical and Biotechnology Innovations

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In a boost for Australian-based medical and biotechnology innovators, the Australian Government has announced the introduction of a ‘Patent Box’ scheme in its Budget 2021-2022.  Whilst the Government will consult with industry before finalising the details of the Patent Box, features are expected to address the following: (a) With effect from 1 July 2022, a […]

Additional Damages Awarded for Plant Breeder’s Rights (PBR) Infringement in Australia

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On 24th February 2019, changes were made to the Australian Plant Breeder’s Rights Act 1994 (Cth) (the “Act”) including the introduction of additional damages for PBR infringement (see our article here).  In a positive development for international and local owners of new plant varieties, additional damages have now been awarded by the Federal Court of […]

Australian Patent Case Law Snap Shot

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Sequenom, Inc. v Ariosa Diagnostics, Inc. [2019] FCA 1011 (27 June 2019)[1] A recent Federal Court of Australia decision held that methods of medical diagnosis are clearly patentable subject matter in Australia. The Federal Court of Australia has taken the opposite position as compared to the corresponding litigation in the United States of America. [2] The main […]

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