Patent Baristas

The recent (and ongoing) scare about swine flu has invited queries about the arrangements which governments have in place to deal with outbreaks of epidemic diseases in their populations. Many governments, including Ireland, have agreements in place with pharmaceutical companies to produce and supply anti-viral or other appropriate treatments within a certain time-frame. The usual […]

Earlier, the Australian courts were asked consider the meaning of “the filing date of the complete application” in clause 2.2(1A) of the Patents Regulations 1991 in the context of a divisional application. (Mont Adventure Equipment Pty Limited v Phoenix Leisure Group Pty Limited [2008] FCA 1476) In the case at hand, the Applicant, Mont Adventure, […]

The Australian Patent Office has handed down a significant decision in the land down under, which impacts the type of pharmaceutical subject matter that is eligible for term extension. N.V. Organon [2009] APO 8. According to Section 70 of the Australian Patent Statute, in order to be eligible for an extension of term, either or […]

An English version of the current Examination Guidelines for Patent and Utility Model is available on the website of the Japan Patent Office (JPO). The document specifies the requirements for patent applications, giving detailed examples on issues such as “clarity” or “unity of application” according to the Japanese law.  These guidelines carry a lot of […]

On December 27, 2008, the Standing Committee of People’s National Congress approved amendments of the Chinese Patent Law. This third amendment aims at enhancing the innovation ability and enforcing protection of patent rights. Here’s a summary of the amendments most relevant to foreign clients: Direct Foreign Filing Available (A20) Now inventions/creations completed in China can […]

Since May 2001, a secondary type of patent, known as an “innovation patent,” has been available under Australian patent law. This underutilised type of patent is extraordinarily useful in several circumstances which will be discussed below. Key Features The key features of the innovation patent are: the patent term is 8 years rather than 20 […]

Senate Finance Committee Chairman Max Baucus (D-MT) and Sen. Orrin Hatch (R-Utah) introduced the International Intellectual Property Protection and Enforcement Act of 2008, legislation meant to crack down on the theft of U.S. intellectual property around the world. The bill would compel the U.S. Trade Representative to develop action plans for countries on the piracy […]

Jon Gowshall and Ross Walker, patent attorneys with the UK law firm Forresters, announced that they have successfully defended European patent (UK) number 0706376 (to Angiotech Pharmaceuticals Inc and the University of British Columbia), claiming a stent which eluted paclitaxel to prevent restenosis In the case, the House of Lords overturned the first and second […]