Region: Asia-Pacific

Most of us are accustomed to seeing patent numbers and terms such as “patented” or “patent pending” on many products or packaging. This practice is often referred to as “patent marking”. However, the importance of correctly utilising patent marking is sometimes not so well understood.

01 March 2006

The full Federal Court in Pfizer Overseas Pharmaceuticals v Eli Lilly and Company [2005] FCA 67 (while confirming that the relevant claim was invalid) rejected Eli Lilly’s contention that a failure to include the best method known to the applicant of performing the invention in a patent application, at the date of filing cannot be overcome by later amendment.

01 March 2006