You could be forgiven for doubting that a battle over statutory interpretation of procedural provisions of the Patents Act 1990 (Cth) could be remotely interesting. However, the longstanding stoush over the Lexapro patent has it all: red herrings, plot twists, suspense and cliff hangers resulting in uncertainty, surprise, anticipation and anxiety.
The characters and setting:
Last week was a wonderful week for Australian basketball fans as Patty Mills played a significant role in his team’s NBA Championship win over the Miami Heat. That team is the San Antonio Spurs. What few will be aware of is that the San Antonio Spurs were part of a licensing deal that
“Who in the world am I? Ah, that’s the great puzzle.” ― Lewis Carroll, Alice in Wonderland
Patents protect inventive products, such as pharmaceuticals, for a limited period of time. At the expiry of patent protection, a pharmaceutical’s earnings often fall dramatically over what is termed a “patent cliff”. This is because pharmaceuticals that are
Emerging competition from biosimilars as patents expire
As their name suggests, “biological” products are pharmaceuticals made through biological processes involving living cells rather than chemical processes. Examples include active drug substances made by recombinant DNA technology or controlled gene expression methods.
Typically, biologics are much larger and more complex molecules than the active compounds in traditional
1Place in 1P
, Trade Mark on June 11, 2014
There are many benefits in having a brand protected as a registered trade mark. However, in a situation of conflict, any well advised trade mark owner will know that the registered rights can be vulnerable to possible removal (if the mark has not been used), rectification (on grounds on which a mark could have been
1Place in 1P
, behavioural law
, IP Protection
, IT land
, Market Place
, Sense of Place
, Tech on June 8, 2014
Junking the system
The evolution of so-called “junk patents” has attracted a lot of commentary, with significant criticism directed in particular toward Chinese government policy that provides incentives for patent filings.
One patent blog refers to the “rorting” of government incentives resulting in the “dumping of…low quality…patents” by Chinese nationals on the Australian patent register.
Today contains tales of the unexpected, indirectly involving the dissident Ai Weiwei and Covata, software infrastructure for protecting sensitive information as run by ex-FBI assistant director, Chuck Archer.
A portrait of the Chinese dissident, Ai Weiwei, was hung in our office – it is a striking portrait the size of a garage door. The timing is
1Place in 1P on June 3, 2014
How ICT and Big Pharma are converging
A patent thicket is a pejorative term referring to a densely patented technology area, where there is a myriad of possible overlapping rights that cannot be easily interpreted. Such patent thicket hazards allegedly stymie innovation due to scaring off all but the most adept players in the thicket.
This week the New York Times reports that Sanofi and Eli Lilly and Company announced an agreement to pursue regulatory approval of non-prescription Cialis (tadalafil). Cialis is currently available by prescription only for the treatment of men with erectile dysfunction (ED).
Sanofi is buying the rights to seek approval to sell Cialis over-the-counter (OTC) in
No, Breaking Bad’s Walt and Jessie did not get a patent when they launched their startup … but they invested in dangerous and more costly activities for their survival!
Unless you are creating something outside of patent eligible subject matter, a patent may well help you focus, provide certainty, interest potential inventors and help clarify