Patent Term Extensions

In Australia the application of the Patent Term Extension provisions of the Patents Act 1990 have been construed narrowly so that PTEs are applicable to only certain types of pharmaceutical patents.

13 December 2017

Obtaining evidence on the planned launch of generic products subject to price reimbursement

It is common practice that patentees obtain evidence directly from the price and reimbursement authority on the planned launch date of a generic product by requesting disclosure of the application for price reimbursement.

13 December 2017

Equivalents Unchained

The Actavis v Eli Lilly decision of the UK Supreme Court has been described by some commentators as being a minor gloss on the law of patent infringement and claim scope.

07 December 2017

Deconstructing Actavis v Eli Lilly

The Supreme Court's decision in Actavis v Eli Lilly [2017] UKSC 48 has changed the way that the UK courts will determine the extent of protection of a patent's claim. Prior to this decision, since the House of Lords' decision in Catnic Components v Hill ...

13 October 2017

No patent extensions for Swiss Style Claims in Australia

After the Administrative Appeals Tribunal of Australia (AATA) decision in AbbVie Biotechnology Ltd v Commissioner of Patents [2016] AATA 682, patentees were hopeful of wider grants of patent term extensions (PTEs) in Australia.

22 August 2017