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
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
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 […]
Australian Patent Case Law Snap Shot
Mylan Health Pty Ltd (formerly BGP Products Pty Ltd) v Sun Pharma ANZ Pty Ltd (formerly Ranbaxy Australia Pty Ltd) [2019] FCA 28 (22 January 2019) A recent Federal Court of Australia decision held that in order for a party to infringe a Swiss-style claim the alleged infringer must manufacture the medicament with the objective intention to […]