Australia reformulates its position on patent term extensions
15 December 2025
The Full Federal Court of Australia has determined that pharmaceutical formulations are not eligible for patent term extension in Australia.
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patents
Expert evidence blows up detonator patent litigation
25 July 2025
In a long, but intricately reasoned first instance judgment, Australia’s Federal Court has ruled on the validity and infringement of patents relating to wireless detonators.
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One year on: the Treaty, WIPO, Traditional Knowledge, and patents
15 May 2025
Imagine an organisation obtaining patent protection over a formulation derived from Kakadu plum, while the First Nations community whose Knowledge guided the discovery receives neither recognition nor benefit.
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Stop! In the name of interlocutory injunctions: lessons from 2024
17 March 2025
Interlocutory injunctions can be a critical tool to help protect intellectual property rights by restraining alleged infringement while a substantive infringement proceeding is run.
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Substance over form(ulations)? An update on patent term extensions
18 February 2025
Two recent Federal Court decisions illustrate that term extensions are available for a broad range of patents, including formulation patents.
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Proposed modifications to the regulation of gene technology in Australia
4 November 2024
The Department of Health and Aged Care is proposing the first major amendments to the Gene Technology Act 2000 (Cth) (the Act) since its commencement.
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Patently uncertain: developments in pay-for-delay agreements in Australia
11 June 2020
Pay-for-delay pharmaceutical agreements have attracted scrutiny from regulators in the US and EU and are at greater risk of Australian regulatory attention
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Patent Wars: A New Hope (or, the Inventor Strikes Back!)
20 November 2019
On 23 October 2019, the Supreme Court of the United Kingdom handed down its highly anticipated decision in Shanks v Unilever Plc and others [2019] UKSC 45.
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A way forward for Wayback Machine evidence
8 November 2019
The Wayback Machine,[1] a digital archive that stores historical copies of websites at specific points in time, is the scourge of former keyboard warriors wishing they could scrub the internet of cringe-inducing Myspace profiles or angsty blog posts.
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Manner of manufacture and software-based inventions: Patent eligibility test re-affirmed but limited further clarity provided by Australian Appeals Court
18 September 2019
After much anticipation and a 10 month wait since the appeal was heard in November 2018, the expanded panel of five Federal Court judges in Encompass Pty Ltd v Infotrack Pty Ltd have delivered their decision, finding that they were “not persuaded that the primary judge erred in concluding that each [Encompass patent in suit] does not claim an invention that is a manner of manufacture within the meaning of section 6 of the Statute of Monopolies”.
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