Tag: Australian Patent Office

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Australian Patent Office Seeks Comment on Proposed Examination Practice Arising from the Myriad Genetics High Court Decision
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Extension of Term for Australian Patents Relating to AbbVie’s Blockbuster Drug HUMIRA Denied
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Australian Patent Examination Reports Issuing Faster Than Expected in Some Technology Areas
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Act Promptly and Diligently When Preparing Evidence in Patent Oppositions or Else…

Australian Patent Office Seeks Comment on Proposed Examination Practice Arising from the Myriad Genetics High Court Decision

By Rachel Young and Nigel Lokan

The Australian Patent Office has commenced a public consultation on their proposed changes to examination practice, as a result of the recent High Court decision in D’Arcy v Myriad Genetics Inc¹.

As reported in our earlier blog² the High Court unanimously decided that claims directed to an isolated nucleic acid coding for mutant or polymorphic BRCA1 polypeptide were not patentable subject matter.

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Extension of Term for Australian Patents Relating to AbbVie’s Blockbuster Drug HUMIRA Denied

In a recent decision the Australian Patent Office has rejected applications to extend the term of three patents related to the highly successful anti-inflammatory drug HUMIRA.

The patents are part of a family in which extensions of term had been granted in connection with earlier patents. These earlier extensions were based on the initial listing of HUMIRA on the Australian Register of Therapeutic Goods (ARTG) for the treatment of rheumatoid arthritis.

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Australian Patent Examination Reports Issuing Faster Than Expected in Some Technology Areas

Prior to commencement of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012, which came into effect in April 2013, the Australian Patent Office was inundated with requests for examination from applicants wishing to have their applications examined under the current law.

This flood of examination requests led the Patent Office to last year advise that first examination reports would likely issue, on average, about 19 months after examination is requested. We have recently been advised by the Patent Office that the backlog of applications awaiting examination is starting to clear and that examination reports are now issuing, on average, about 16 months after examination is requested. Read More

Act Promptly and Diligently When Preparing Evidence in Patent Oppositions or Else…

A recent decision of the Australian Patent Office has underscored the importance of acting promptly and diligently at all times when preparing evidence in patent oppositions.

In this case the patent applicant was unable to complete and serve its evidence-in-support and sought an extension of time in which to do so. The Commissioner’s delegate considered the conduct of the patent applicant throughout the period provided for service of the evidence and decided that the patent applicant had not acted promptly and diligently at all times. Read More

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