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John Collins, Kent Teague, Emina Besirevic (Clayton Utz)
Full Federal Court abolishes patent term extensions for pharmaceutical formulations
December 08, 2025

In a dramatic change to Australian patent law, Australia's Full Federal Court has just held that patents for pharmaceutical formulations are not eligible for patent term extensions (PTE): Otsuka…

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slot machine
John Collins, Kent Teague, Samantha Chiu (Clayton Utz)
Australia Patents Update: Aristocrat finally prevails, in long-running patentability dispute over electronic gaming machines
September 22, 2025

A Full Court of the Federal Court has ruled that certain patent claims to electronic gaming machines (EGMs, also known as "pokies" or "slot machines") are patentable subject matter; allowing an…

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Technology
John Collins, Kent Teague, Emina Besirevic (Clayton Utz)
Australia patents update: Federal Court revisits best method knowledge requirement for divisional patents
September 11, 2025

The Federal Court’s decision in The NOCO Company v Brown and Watson International Pty Ltd [2025] FCA 887 has provided a welcome update on the relevant date for assessing the best method knowledge…

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John Collins, Kent Teague, Antonia Wayne-Boyle (Clayton Utz)
Tribunal grants Sandoz a section 223(9) patent licence, in long-running Lexapro litigation
October 18, 2024

On 18 September 2024, the Honourable Justice Jackman, in his capacity as a Deputy President of the Administrative Appeals Tribunal (AAT), granted Sandoz a licence pursuant to section 223(9) of the…

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Natalie Shoolman, Rose Jenkins (Clayton Utz)
Only Humans are Inventors Under the Patents Act, But For How Long?
May 11, 2022

Artificial Intelligence Systems or Devices cannot be "inventors" under the Australian Patents Act, the Full Federal Court has confirmed. The inventor of a patent must be a natural person. Does there…

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Natalie Shoolman, Kent Teague, Rose Jenkins (Clayton Utz)
Pharmaceutical patent term extensions now back to the "earliest first" approach, the Full Federal Court confirms
March 30, 2022

In two separate judgments, the Full Court has provided much needed clarity on how to identify the pharmaceutical products that can support a valid patent term extension in Australia, as Natalie…

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Richard Aarons (Solicitor and registered patent attorney)
The reasoning of Beach J in the Thaler decision
March 08, 2022

The article “One small step for “artificial intelligence”, and a giant leap for the Australian patent system? The Federal Court decision in Thaler v Commissioner of Patents” analyses the reasoning of…

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John Collins, Natalie Shoolman, Rose Jenkins (Clayton Utz)
Robots are taking over the patent world – AI systems or devices can be "inventors" under the Australian Patents Act
September 08, 2021

[KEYPOINT]: A historic Federal Court decision says an artificial intelligence system is capable of being named as an "inventor" under the Patents Act 1990, with potentially significant ramifications…

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John Collins, Kent Teague, Natalie Coulton (Clayton Utz)
Patent term extensions in Australia: when first isn't really first
July 08, 2021

In a surprising decision, the Federal Court has modified the law of patent term extensions in Australia, by clarifying that it's only the patentee's goods that are relevant to the proposed extension…

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Ananta Saxena (Antonin Scalia Law School, George Mason University)
Compulsory Licensing Australia
July 05, 2021

Legal Analysis  In Australia, the law with respect to compulsory licenses is framed to prevent useful inventions from remaining unworked in Australia. A person who wishes to exploit a patented…

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