Suzy Madar

Just over 3 months after the Therapeutic Goods Legislation Amendment (Copyright) Bill 2011 was introduced into Parliament, and 2 weeks after it was passed unamended, the Governor General has given her Royal Assent to the Bill.

Further to our earlier post in relation to the Federal Court’s decision to revoke a patent claiming “substantially pure” fexofenadine, a compound which was disclosed in prior Australian and US patents, Justice Jessup’s decision provides useful clarification in relation to the test for novelty. 

Earlier today, Justice Jessup of the Federal Court handed down judgment in AMRI v Alphapharm upholding Alphapharm’s challenge to AMRI’s patent which claimed substantially pure fexofenadine, a drug used to treat allergic reactions, on the ground that it lacked novelty, and for having been granted on the basis of a material false representation to the Patent Office. 

The Australian Council of Intellectual Property (ACIP) has completed its review of the appropriateness and adequacy of the test of “manner of manufacture” as a threshold requirement for patentability. 

The TGA plans to implement a daily alert system to show new registrations on the ARTG.

The Chief Justice of the Federal Court has issued a new Practice Note which applies to Federal Court proceedings under the Patents Act 1990.