Australian CRISPR update: Federal Court doubles down on unpatentable ToolGen gene editing claims

The Australian Federal Court yesterday confirmed that the accepted patent application owned by ToolGen Inc. and directed to CRISPR/Cas9 systems and methods of genome editing in eukaryotic cells contains no patentable claims.1 The Court found that all claims of ToolGen’s application2 lacked entitlement to the earliest priority date,3 lacked novelty or inventive step, and were …
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Raising the bar, and the matter of support

Following the 2012 Raising the Bar reforms, Australia’s Patents Act requires that patent claims are supported by matter disclosed in the specification. This means that the description must enable a skilled person to perform the invention across the full breadth of the claim without undue burden, and the claim scope must be commensurate with the …
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POF achieves top ranking for patent prosecution in IAM Patent 1000 2023

We are pleased to announce that POF achieved a Tier 1 (Gold) Ranking in the 2023 IAM Patent 1000, citing our tailored and commercially focussed IP services and our Asia Direct filing model as stand-out features of the firm. Many of our attorneys were also individually recognised for their outstanding work. POF Managing Principal Ross McFarlane once again …
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How Carina Biotech is leading Australia’s charge in CAR-T cell therapy

Harnessing the body’s own immune system is one of the most exciting ways forward in the ongoing battle against cancer. CAR-T cell therapy, an exciting new form of immunotherapy, has been the focus of our client Carina Biotech since the company’s inception. In February this year, Carina took a large step forward toward the clinic …
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Ten Years of Raising the Bar – Has the bar been raised on patent oppositions?

On 15 April 2013, the Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No 1) commenced with much fanfare. The RTB regulations made significant changes in relation to patent oppositions, principally with the aim of resolving proceedings faster. The reforms recognised that under the previous regime, opposition proceedings often took several (and sometimes many) …
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Funding boost for startups

The Albanese Government’s 2023-24 Budget handed down last night provided a funding boost for startups as part of the Government’s push to invest in key strategic industries. Treasurer Dr Jim Chalmers, recognising Australia’s opportunity for growth and prosperity in the global shift to clean energy, announced a new $392.4 million Industry Growth Program (a better …
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