Inspired - The POF blog

Australian Patent Term Extensions Narrowed: Full Federal Court Rules Formulation Claims Ineligible

In Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd [2025] FCAFC 161[1], the Full Federal Court has confirmed that Australian patent term extensions (PTE) apply only to patents claiming an active pharmaceutical ingredient (API) per se.  Formulation claims no longer qualify.  This overturns earlier authorities and reshapes exclusivity strategies for originators. Background: Australian …
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Update to Australia’s Trade Mark Regulations

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Australian trade mark practitioners should be aware of some changes to the Trade Mark Regulations 1995 which are effective before the end of 2025. The Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 introduces a number of amendments, some of which were effective from 19 November 2025 and others from 19 December 2025. …
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When a Patent Misses the Mark: Lessons from Australia’s Landmark FemTech Case

The decision in EIS v LELO Oceania[1] underscores the importance of clear definitions, reproducible testing parameters, and credible experimental support in the context of FemTech inventions – particularly where biological interfaces are involved. What the case was about The case centred on a patent for a handheld “pressure-wave massager”, a device that uses rhythmic pulses …
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Advance in Computer Technology Not Required: A Win for Computer Implemented Inventions in Australia

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Three years ago, the High Court’s equal division in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 (reported here) left Australia without binding guidance on the patentability of computer implemented inventions. Under section 23(2)(a) of the Judiciary Act, that 3:3 split affirmed the earlier Full Court orders but not its reasons, …
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A Close Call for Medicinal Chemists!

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Fresh off the press from the UK Court of Appeal is a decision concerning the pharmaceutical drug Xtandi (Enzalutamide).  Xtandi is indicated in various oncology treatments in Australia and is listed at number 19 the of top 200 selling pharmaceuticals by retail in 2024.  Keen-eyed medicinal chemists will notice that the previously published compound RD162 …
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PROTACs and Protein Degraders: Claiming Space in a Crowded IP Field

The emergence of protein degraders, including proteolysis-targeting chimeras (PROTACs) and molecular glues, represents one of the most exciting shifts in drug discovery over the past 20 years.  By harnessing the body’s own protein disposal machinery, protein degraders can selectively remove disease-causing proteins, opening the door to treatments for previously ‘undruggable’ targets. Recent clinical milestones, such …
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IPO Introduces Assisted AI Patent Search Reports

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We are pleased to announce IPO is now offering Assisted AI Patent Searches. The reports provide a researcher assisted AI Patent search which is modified and focused by using keyword and/or IPC/CPCs. The reports are usually provided without review or classification and can be a very useful and cost-effective initial patent search, especially for cost-conscious …
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