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Practical Insights into Patent Term Extensions in Australia
Securing Extension of Term for pharmaceutical patents in Australia

Australian law provides an extension of term of up to 5 years for patents covering pharmaceuticals in recognition of the long development time and requirements involved in obtaining marketing/regulatory approval from the Therapeutic Goods Administration (TGA). In addition to what subject matter may be eligible for an extension of term, questions often arise as to the prescribed timing and manner in which applications for a patent term extension (PTE) must be made. In two recent decisions of the Australian Federal Court, Ono Pharmaceutical Co. Ltd v Commissioner of Patents [2021] FCA 643, and Merck Sharp & Dohme Corp. v Sandoz Pty Ltd [2021] FCA 947, decisions of the Australian Patent Office to refuse, and grant a PTE, respectively, were overturned and have implications for a change of practice in relation to the eligibility, manner and timing of PTE applications.

In this seminar, Principals Dr. Daniel Sieveking and Dr. Elizabeth Barrett will provide a summary of various criteria regarding PTE eligibility and the PTE application process. In addition to an overview of recent PTE case law, Daniel and Elizabeth will provide practical recommendations arising from recent decisions.

Oct 21, 2021 04:00 PM in Eastern Time (US and Canada)

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