Rebecca Pereira

Patent lawyers were kept busy throughout 2010, in a year which saw a company director being found liable for patent infringement, the Courts emphasising the importance of full and frank disclosure when seeking patent amendments, the first consideration of section 223 of the Patents Act, changes to patent prosecution practice, and legislative reform. 

The Federal Court of Australia recently dismissed an application for an interlocutory injunction made by the sanofi-aventis group against Hospira and Interpharma. 

Otsuka Pharmaceutical Co (Otsuka) and Bristol Meyers Squibb (BMS) are the patentee and exclusive licensee of a patent relating to aripiprazole (an antipsychotic used to treat schizophrenia). 

The case of Delnorth Pty Ltd v Dura-Post (Aust) Pty Ltd illustrates the successful use of innovation patents to address patent infringement where the standard patent application has not yet proceeded to grant.

On 18 September 2009, the Treasurer and Minister for Innovation, Industry, Science and Research released a consultation paper on the new research and development tax incentive.