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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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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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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Brand owners seeking to expand their product offerings should conduct thorough trade mark searches to ensure their marks are clear for use in new categories. In White International Pty Ltd v WHITES POWERSPORTS AUSTRALIA PTY LTD [2025] ATMO 157, the trade mark applicant, Whites Powersports, sought registration in various classes including 7, 8, and 9 …
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In the recent decision of Dyno Nobel v Orica Explosives, Justice Downes needed to decide the correct date at which the disclosure of a novelty citation is assessed-the date of publication of the citation or the priority date of the patent in issue. Her honour noted that various authorities supported the proposition that the correct …
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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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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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Trade mark owners and non-use removal applicants have been offered a reminder of the importance of considering any obstacles to the use of a trade mark by the decision in Thomas v Monsoon Group. The removal applicant who was successful before the Trade Mark Office did not contest the appeal, paving the way for the …
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