Key takeaways:   Historically, patent marking involved physical marking of products or devices;  Virtual patent marking is relatively new, and Patent Acts should be reviewed in respect of jurisdictions;  For patent owners, patent marking has significant benefits including making it difficult for an infringer to argue innocent infringement where the products have    ...

In Repipe Pty Ltd v Commissioner of Patents [2021] FCA 31 (Repipe No 3) the Federal Court of Australia refused Repipe Pty Ltd (Repipe) leave to file a Second Amendment Application and also dismissed the First Amendment Application. This decision supports the Commissioner’s position that amendments...

Identifying new uses to existing drugs is not uncommon. In fact, repurposing existing drugs to treat disorders other than its initially-approved indication holds real potential in providing patients options when access to other effective treatments is unavailable. When a drug is repurposed, its safety profile,...

Double patenting is the granting of two patents for a single invention to the same Applicant in a single country. Double patenting is not allowed because two patents for the same invention cannot be granted to the same Applicant. This article goes through the differences...

Following decisions by the Federal Court and the Full Federal Court of Australia, the High Court has delivered its verdict on the question of whether the refilling and reselling of used printer cartridges infringes patents directed to the cartridges. The Seiko Epson Corporation is the patentee...

Many clients request worldwide patent protection and while theoretically this might be possible, for example by filing a patent application in every country or region that has a patent system, this is not a cost-effective option for many Applicants.  Some confusion may have occurred because Applicants may have heard of an ‘International patent...

[caption id="attachment_25592" align="alignright" width="306"] Photo created by aleksandarlittlewolf - www.freepik.com[/caption] The Australian Patent Office has recently re-affirmed in Ono Pharmaceutical Co., Ltd. et al [2020] APO 43 that a request for a pharmaceutical patent term extension (PTE) must be based on the earliest first regulatory approval...

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