Entries by f1itadmin

Protecting Confidential Information and Trade Secrets in Australia

Dr. Victoria Longshaw, Dr. Jim Onishi and Dr. Elizabeth Houlihan Confidential Information, which includes personal, private information, know-how and commercial information, is not regarded as “property” under Australian law, i.e., a person cannot own Confidential Information in a proprietary sense. However, the publication or dissemination of facts and/or knowledge that are not already in the […]

The Multifaceted Question of the Patentability of Polymorphs

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 […]

Patenting Opportunities in the Fragrance Industry

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 […]

Update on Requesting an Extension of Term of an Australian Patents

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. […]

The Era of Relying on Trade Secrets to Protect Confidential Information has Passed

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 […]

The Lost Art of Patent Claim Drafting – Why Good Claim Drafting is Essential Under Australia’s Revised Patents Act

Dr. Jim Y. Onishi and Dr. Elizabeth E. Houlihan We report the recent Patent Office Decision in Cytec Industries Inc. v Nalco Company [2018] 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 […]

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