Old section 40(2) learns a new trick

Whilst the IP Laws Amendment (Raising the Bar) Act 2012 made substantial changes to the law of sufficiency, for many patents the previous law continues to apply. Following the High Court decision in Kimberly-Clark Australia v Arico Trading it was generally understood that the test for sufficiency would be satisfied if the disclosure of the …
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High Court takes Lexapro

Alphapharm has been granted special leave to appeal to the High Court against the decision in Aspen Pharma Pty Ltd v H  Lundbeck  A/S [2013] FCAFC 129. Leave was granted in relation to the Full Court’s findings that patentee Lundbeck could rely on section 223 (extensions of time) in respect of its application for an …
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Extension of Time to Serve Evidence – No Lay Down Misère

The potential for waiver of attorney-client privilege will not excuse any inadequacy in information provided to the Commissioner in support of an application for an extension of time to file evidence according to the decision in Sportingbet Australia v Tabcorp International Pty Ltd [2014] APO 21.