Court: Federal Court of Australia

Australia: a toolkit for prosecution and enforcement amid patentability barriers

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2024

Australia remains an in-demand jurisdiction for patent protection in the life sciences, as its patent system supports applicants and patentees with a legal framework that is closely harmonised with major jurisdictions – as standards for novelty and inventive step tend to follow a European approach, with key differences.

24 June 2024

Australia: Computer-related Inventions, Patent Term Extensions and Stricter Examination Trends

Featured in The Patent Prosecution Review 2024

While it was hoped that the highly anticipated Aristocrat Technologies dispute will clarify the requirements for patenting computer-related inventions, the High Court of Australia handed down an evenly split decision that leaves the door open to further discussion.

08 December 2023

Australia: patent-term extension developments and challenges

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2023

PTEs in the pharmaceutical space are a key way for innovators to recoup R&D costs – however, they are often challenged by generics manufacturers. An uptick of such cases in Australia could prompt a reassessment of how courts handle such issues, which would have a significant knock-on effect on the country’s life sciences landscape.

25 August 2023

Australia: Three Superior Court Decisions Look Set to Have Serious Patent Implications

Featured in The Patent Litigation Review 2024

The last year may well prove to be a pivotal one for Australian IP litigation, with cases that touch upon subjects as diverse as eligibility requirements for computer-implemented inventions, damages for higher prices paid to a pharmaceutical company during a preliminary injunction and whether AI platforms are entitled to apply for patents.

25 August 2023