Mylan Health Pty Ltd V Sun Pharma Anz Pty Ltd [2020] FCAFC 116 Mylan v Sun Pharma is the latest word from the Full Federal Court on the infringement of Swiss-style claims, novelty, inventive step and fair basis. Before the Full Court was three patents relating to fenofibrate, a drug used to treat cholesterol and diabetic retinopathy in patients with …
Opposition Hearings in Social Isolation – The Show Must Go on
Wrays is pleased to advise of its recent success in defending one of its client’s patent applications in opposition proceedings before the Australian Patent Office (Desaln8 Pty ltd v Crisalis International Pty Ltd [2020] APO 30 (24 June 2020)). The opposition hearing was notable because it was held just as COVID-19 lockdown measures were being implemented. The hearing was initially …
Myanmar – Witnessing the Birth of Trade Mark Law
A good Hong Kong colleague said to me recently, “How often do you get to witness the birth of trade mark law in a country? Not just new but original?” Myanmar, previously called Burma, is such a country. Myanmar is the largest country in mainland South-East Asia. It is bordered by Bangladesh, India, China, Laos, Thailand, and coastally, by the Andaman …
Wrays’ Life Sciences Team Making an Impact on the World Pharmaceutical Market
Australia is producing impressive results on the world pharmaceutical stage. To date, Australia has developed 13 drugs that have received approval from the United States Food and Drug Administration (FDA). Of these 13, 5 were patented by the services provided by Wrays, including FDA approved drugs from iCeutica and Sarepta. Wrays’ Chairman Gary Cox said “We congratulate our clients iCeutica …
Bayer Prevails Against Norbrook in Australian Patent Opposition to Its Teat Seal Formulation Patent Application
In the latest chapter of the dispute between Bayer New Zealand Limited (Bayer) and Norbrook Laboratories Limited (Norbrook), Bayer has successfully defended an opposition to its Australian patent application for a teat-seal formulation used to prevent mastitis in cows Norbrook opposed Bayer’s patent application on the grounds of lack of clarity, lack of sufficiency, lack of support, lack of utility …
Changes to PCT Fees for Australian Filers
Australian filers of PCT applications are set to receive some welcome financial relief as the Australian patent office (IP Australia) will be adjusting their fees for PCT-associated patent filings, effective from 1 August 2020. International PCT Fees Fee Type Current Fee (AUD) New Fee (AUD) 1 Transmittal Fee $200 $200 2 International Search Fee $2200 $2200 3 International Filing …
Riding the Omnibus on the Road to Hell: An Update on Omnibus Patent Claims in Australia
The Intellectual Property (Productivity Commission Response part 2 and other Measures) Bill 2019 (the Bill) received Royal assent on 26 February 2020, resulting in the introduction of amendments to The Patents Act 1990 (Cth), (the Act), to include cross references to Section 40(3A) with the effect that Section 40(3A) is now available as a ground for refusal of amendments after …
Electronic Execution of Documents by Companies Is Now Allowed Under the Australian Corporations Act
Taking effect from 6 May 2020, the operation of section 127(1) of the Corporations Act 2001 (Cth) has been modified by the Corporations (Coronavirus Economic Response) Determination (No. 1) 2020 to temporarily allow electronic execution of documents by companies for the next 6 months after the effective date. The category of persons who may execute a document on behalf of …
The China-US Trade Agreement and Its Impact on Patent Law
China signed Phase I of a multi-part trade agreement with the US on 15 January 2020 (The Economic and Trade Agreement between the USA and the PRC). The Intellectual Property aspects are covered in Chapter 1 of the Agreement. As a result, there will be developments in Chinese patent law to bring the enforcement of intellectual property matters closer to …
Back to Basics: Claims of Mineral Processing Patents and Infringement
When people think of patents it is typically with reference to physical products or apparatus as this provides an easy way in which to visualise the patented invention. Processes (or methods) can similarly be patented and such patents are used extensively in the mining industry to protect new mineral processing technologies. But without a physical product to provide a reference, …