The first interlocutory injunction restraining the launch of a biosimilar pharmaceutical product was granted by the Federal Court of Australia in a decision on 12 June 2018¹. Background The decision concerns the monoclonal antibody rituximab, a biologic therapy which is prescribed in Australia to treat a number of immunology conditions including lymphoma, chronic lymphocytic leukaemia …
>> Read more
A recent opposition decision of the Australian Patent Office¹ focused on the level of disclosure which is required in a patent specification to properly enable and support the claimed invention. This decision illustrates the importance of providing an enabling disclosure across the full width of the claimed invention and, where possible, providing a principle of …
>> Read more
We hosted a morning tea in recognition of RSPCA Cupcake Day to raise much needed funds for the RSPCA. Cupcake Day is the sweetest opportunity of the year to raise money for animals in need, and all funds raised goes directly towards helping the abandoned, neglected and surrendered animals around the country that turn to the …
>> Read more
The power of the Registrar to correct errors appearing in the Trade Marks Register appears to have been curtailed by the recent decision of the Full Court in Vokes v Laminar Air Flow[1]. Vokes was the original owner of a series of trade marks however, an incorrectly filed change of name form (in circumstances where …
>> Read more
In a recent post, we highlighted the grave risks of failing to disclose the ‘best method known to the applicant of performing the invention’, as required by section 40 of the Australian Patents Act. A question that was left open was whether such a failure might be remedied by filing a divisional application with the …
>> Read more
In the latter part of 2017, IP Australia sought comment on a proposed bill, the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill (Part 1 Bill), for changes to a number of IP policy matters – one of which included the abolishment of Australia’s innovation patent system. The proposed change …
>> Read more
For the past couple of years, the IP5 Offices (Europe, Japan, Korea, P.R. China and US) prepared for the launch of a third Collaborative Search & Examination (CS&E) pilot program on 1 July 2018. The pilot program involves IP5 examiners working together to produce enhanced single international search reports and written opinions (ISR/WO) under the …
>> Read more
Yesterday we celebrated the 10th annual Graeme Clark Oration, of which POF is very proud to be a long-time sponsor. The Oration informs the community about scientific advances in health and medical research, delivered by recognised global leaders in their field. This year the Oration was delivered by Professor Paula T Hammond and focussed on …
>> Read more
Coke has scored a big victory over Frucor in its battle over the colour green. Justice Yates handed down his decision in the appeal between Frucor Beverages Limited and The Coca-Cola Company on Monday. Frucor had sought to register a particular shade of the colour green as a trade mark in relation to energy drinks. …
>> Read more
We are delighted to announce our 2018 appointments, including two new Partners in our Melbourne and Adelaide office. Partners: David Longmuir | BSc(Hons) LLB(Hons) LLM FIPTA Patent and Trade Marks Attorney, IP Lawyer | Melbourne David works in all areas of IP litigation. He has been involved in patent litigation in the biotechnology and pharmaceutical …
>> Read more
