The recent Federal Court of Australia decision of Boehringer Ingelheim Animal Health USA Inc v Zoetis Services LLC1 has (on one aspect) highlighted the ongoing attention given by the Federal Court of Australia upon the construction of the word “comprising” in the main claims of patents. The Court’s construction of the word “comprising” in the […]
Biotechnology Patent Update
The recent Australia Patent Office decision of Zoetis Services LLC v Boehringer Ingelheim Vetmedica GmbH [2024] APO 4 dated 8th February 2024 has (on one aspect) highlighted the challenge for clinical researchers and innovators when reporting interim clinical trial results by way of press releases. The Australian Patent Office held that the press release reporting […]
Extension of time
The recent Australia Patent Office decision in Bioverativ Therapeutics Inc. [2023] APO 64 highlights one aspect being, if a patent applicant wishes to seek an extension of time to file a divisional application under section 223(2) Patents Act 1990 (Cth), the applicant must satisfy the following grounds: (i) That the applicant must possess the requisite […]
Australia: Patent Box – Expansion to Agricultural and Low Emissions Innovations
In its Budget 2022-23, the Australian Government announced major expansions to the proposed ‘Patent Box’ scheme providing concessional tax treatment to eligible income for Australian corporate taxpayers. The Government will now expand the scheme to support innovations in the Australian agricultural sector, specifically: In addition, the Government will provide concessional tax treatment for corporate taxpayers […]
Methods of Medical Diagnosis are Patentable Inventions in Australia
Ariosa Diagnostics, Inc v Sequenom, Inc [2021] FCAFC 101[1] A recent Full Federal Court of Australia decision held that methods of medical diagnosis are clearly patentable subject matter in Australia. We previously reported the first instance decision of the Federal Court of Australia,[2] which on this issue, has been approved by the Full Federal Court […]
Australia: Introduction of Patent Box Tax Concessions for Australian Medical and Biotechnology Innovations
In a boost for Australian-based medical and biotechnology innovators, the Australian Government has announced the introduction of a ‘Patent Box’ scheme in its Budget 2021-2022. Whilst the Government will consult with industry before finalising the details of the Patent Box, features are expected to address the following: (a) With effect from 1 July 2022, a […]