Dr Jim Onishi MRACI Key Points: 1) Australia is abolishing its second-tier Innovation Patent system. 2) The last date to file an Innovation Patent is 25 August 2021. 3) It is still possible for patentees to obtain “new” Innovation Patents after 26 August 2021. Brief Background Two tiers of Patent protection are currently available to […]
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Dr Carolyn Rolls MRACI and Dr Jim Onishi MRACI In the high stakes world of pharmaceutical development, companies pursue every opportunity to edge out competitors. Patenting polymorphs may provide that edge. Noticing a surprising, unexpected or unique physico-chemical characteristic of a crystalline form of a pharmaceutical may be the key. A new pharmaceutical typically takes […]
Dr Jim Onishi and Dr Elizabeth Houlihan This article first appeared in the May/June 2020 edition of Chemistry in Australia, published by the Royal Australian Chemical Institute Inc. It is well known that the fragrance industry is big business. Annual sales from each of the four main global fragrance producers are in the billions of […]
Dr Jim Onishi and Michael Houlihan The normal twenty (20) year exclusive monopoly of a Pharmaceutical Patent may be extended by up to five (5) years under Section 70 of the Patents Act 1990. Such Extensions of Term are intended to compensate a Patent owner for regulatory delays in the marketing of new pharmaceutical products. […]
Dr Jim Onishi and Dr Paul Warden-Hutton In recent years, the Australian Courts have provided guidance on the kinds of Patent Claims that can form the basis of an Extension of Term Request under section 70(2)(b) of the Patents Act 1990. An extension of the term of pharmaceutical patents can be of significant value to […]
Dr Jim Y Onishi Novel compounds and any relevant medical uses of those compounds are protectable in Australia in the form of Compound Claims and Method of Treatment Claims, respectively. Subsequently identified new medical uses of a known compound may only be protectable in the form of second medical Use Claims, which are also known […]
Dr Jim Y Onishi “Greed is Good” is a famous quote made by Gordon Gekko, a fictional character in the 1987 hit film “Wall Street”. Whilst Mr. Gekko had a great run during the film, his greed was the catalyst of his downfall. Similarly, in Cytec Industries Inc. v Nalco Company  APO 2, the […]
Dr. Victoria Longshaw Businesses need to protect their Intellectual Property and Know-How to survive. Such Intellectual Property ranges from confidential customer details to high-level technical expertise, methods and product information. There are two ways in which to prevent competitors from accessing Intellectual Property: (1) by maintaining Trade Secrets; or (2) by securing a monopoly through […]
Dr. Jim Y. Onishi and Dr. Elizabeth E. Houlihan We report the recent Patent Office Decision in Cytec Industries Inc. v Nalco Company  APO 4, which dealt with interpreting the “Raising the Bar”-revised requirements of subsection 40(2)(a) of Australia’s Patents Act 1990 in relation to post acceptance claim amendments under subsection 102(2)(b). Relevant Law […]
Dr. Victoria Longshaw, Dr. Nigel Parker and Dr. Elizabeth Houlihan The Australian Federal Court has provided welcome reassurance to patent owners in the biotechnology fields of gene association analyses and quantitative genetics. In the aftermath of D’Arcy v Myriad Genetics Inc  HCA 35 (“the Myriad case”), in which isolated nucleic acids encoding naturally-occurring information […]