Much needed clarification on allowability of amendments post Raising the Bar

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The Federal Court of Australia recently overturned a decision by the Commissioner of Patents whilst clarifying the test for determining whether an amendment to a complete specification is allowable (Commonwealth Scientific and Industrial Research Organisation v BASF Plant Science GmbH [2020] FCA 328).

In doing so, the Federal Court concluded that the approach taken under section 102(1) of the Patents Act 1990 (Cth) (the Act) as amended by the Intellectual Property Laws Amendment Act 2012 (Cth) (the Raising the Bar Act) aligns with the UK approach.

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BSc(Hons) Phd MIPLaw

Danielle has extensive experience as a patent attorney with expertise in patent strategy, protection and enforcement in the Biotech sector.  She has a strong understanding of global patent and regulatory exclusivities (including data and market exclusivities) and has facilitated entry of several biopharmaceuticals (including antibodies and antisense molecules), diagnostics, cellular therapeutics, and agricultural products (including transgenic plants) to market.