Patent Baristas

Hot on the heels of the Bilski decision in the US, the Australian Patent Office has now refined the Australian test for the patentability of business methods. The patent application in question relates to a “Method for Commercialising Inventions”.  The main independent claim read as follows: 1. An invention specific commercialization system to facilitate success […]

  Lilly sued Novopharm for infringement under Canadian Patent No. 2,041,113, a selection patent for the compound olanzapine (sold under the brand name Zyprexa), owned by Lilly. Olanzapine is used to treat schizophrenia. Novopharm argued that the ‘113 Patent is invalid.  A Federal Court judge (the trial judge) agreed with Novopharm and dismissed Lilly’s action.  […]

The Australian Patent Office (APO) is proposing official fee increases with effect from August 1, 2010.  Fees always go up (we don’t often get to report on fee decreases).  However, there is one new fee which will close off an existing loophole for avoiding excess claims fees. Those who regularly prosecute applications in Australia should […]

The Spanish Central Administrative Court of Appeal has confirmed that the holders of innovator medicaments are not entitled to challenge the marketing approvals of generic medicaments issued by the Spanish Agency of Medicaments and Sanitary Products (AEMPS). The Central Administrative Court of Appeal upheld the Administrative Court’s decision dismissing that Laboratorios Servier SL lacked legal […]

In Canada, linkage regulations similar to the Hatch-Waxman Act in the U.S. ensure that generics manufacturers have to address relevant patents listed on the Patent Register (the analog to the Orange Book) if they want to market their product prior to the expiry of listed patents.   Generics manufacturers can do so either by accepting the terms […]

Pfizer is continuing its fight with generic drug manufacturer United Laboratories, Inc. (Unilab)in the Philippines over the issue of the validity of the patent on Lipitor (atorvastatin) as Unilab tries to have the patent canceled. Unilab filed its petition for the cancellation of Philippine Patent No. 29149 for Atorvastatin, marketed under the brand name Lipitor, […]

In a case highlighting the importance of ensuring a correct chain of title when filing a patent application, the UK High Court addressed the issues of loss of priority due to an incomplete assignment, as well as the credibility of expert witnesses.  In particular, it is important to transfer rights to interests initially owned by […]

In recent years, India has witnessed rapid changes in its patenting landscape as a result of the growing economic activity and reforms (related to patents).  In May 2008, Evalueserve, a global research and analytics firm, investigated the patenting landscape in India , focusing on the patent applications published over 2005–07. Some of the key findings […]