The patentee has filed a special leave application to the High Court of Australia seeking to appeal the Full Court’s decision in Otsuka Pharmaceutical Co., Ltd v Sun Pharma ANZ Pty Ltd [1]. In response, IP Australia has indicated that it has resumed processing pharmaceutical patent term extension (PTE) applications and related matters that it …
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Two recent decisions of the Federal Court, AstraZeneca AB v Pharmacor Pty Ltd [2026] FCA 88 and Janssen Pharmaceutica NV v Juno Pharmaceuticals Pty Ltd [2025] FCA 1538 suggest the tide may be turning back to originators seeking preliminary injunctions (PIs) to restrain generic market entry. Previously, PIs were routinely granted to pharmaceutical patentees …
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2026 is shaping up as a pivotal year for women’s health innovation, not because of any single technological breakthrough, but because the broader environment is changing. Awareness of long-underrepresented aspects of women’s health has reached a point where it is now influencing funding priorities, research agendas and healthcare delivery models. For innovators, this marks a …
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Today, the High Court of Australia has dismissed an application for special leave to appeal from Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131 (“Aristocrat ’25”). Now that special leave has been refused, the test relating to the patentability of computer‑implemented inventions is largely settled by the judgment in Aristocrat ’25. …
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An innovation patent owned by Southern Cross was found to be invalid in the decision Southern Cross Industrial Group Oty Ltd v Mickala Lighting Towers Pty Ltd and Damien Englebrecht [2025] FCA 1363. Whilst it was not necessary to do so in light of that finding, Justice Downes then went on to decide whether Mr …
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Patent filing trends show that semiconductor-related patent activities in Australia are concentrated in specialist applications, namely, photovoltaics (PV) and quantum technologies. Both areas are supported by strong local research expertise and significant public investment. In each case, strategic patent filings can help attract partners and funding, and translate research into a competitive market position. Global …
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Bed Bath ‘N’ Table Pty Ltd v Global Retail Brands Australia Pty Ltd [2025] HCA 50 Phillips Ormonde Fitzpatrick Lawyers has successfully represented long-standing client, Bed Bath ‘N’ Table Pty Ltd (BBNT) in its appeal to the High Court of Australia as part of its long running dispute with Global Retail Brands Australia …
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Australia’s FemTech industry is rapidly growing and like any technology based on research, development and innovation, it is important for founders to give early consideration to the IP implications of their work. The broader women’s health landscape is also shifting. Growing societal awareness, increased investment and a surge in women-led innovation are reshaping areas ranging …
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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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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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