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Merck and Pfizer pneumococcal conjugate vaccine settlement prolongs uncertainty regarding Australian product claims

Merck and Pfizer pneumococcal conjugate vaccine settlement prolongs uncertainty regarding Australian product claims

by Naomi Pearce, Kate Legge | Oct 6, 2021 | Blog, Kate Legge, Naomi Pearce, Patents

Recently, Merck Sharp & Dohme (MSD) (known as Merck & Co., Inc. in the US and Canada) announced a settlement and licence agreement with Pfizer Inc. in relation to MSD’s pneumococcal conjugate vaccine (PCV) products, including VAXNEUVANCETM (Pneumococcal...
The DABUS decision makes Australia look like a champion of innovation, not a chump

The DABUS decision makes Australia look like a champion of innovation, not a chump

by Pearce IP | Sep 21, 2021 | Blog, Patents

Originally published in the IAM Saturday Opinion on 11 September 2021. Australia was recently thrust into the global IP limelight when the Federal Court controversially determined that an artificial intelligence (AI) system, DABUS, can be an inventor of a patent....
Federal Court Confirms Higher Bar for Sufficiency and Support in Australian Patent Law

Federal Court Confirms Higher Bar for Sufficiency and Support in Australian Patent Law

by Naomi Pearce | Sep 10, 2021 | Blog, Patents

A recent decision of Justice Burley in the Federal Court of Australia confirms that the bar for sufficiency and support has actually been raised by Australia’s 2012 ‘Raising the Bar’ law reforms.  This is the second Federal Court decision invalidating a patent or...
Did pharmaceutical innovation contribute to the AI inventor controversy in Australia?

Did pharmaceutical innovation contribute to the AI inventor controversy in Australia?

by Pearce IP | Sep 1, 2021 | Blog, Patents

Australia was recently thrust into the global IP limelight when the Federal Court controversially determined that an artificial intelligence (AI) system, DABUS, can be an inventor of a patent.  Reaction to this decision by Australian IP commentators was immediate and...
PTEs in Australia – more hard lessons for patentees from the Federal Court

PTEs in Australia – more hard lessons for patentees from the Federal Court

by Naomi Pearce, Kate Legge | Aug 18, 2021 | Blog, Kate Legge, Naomi Pearce, Patents, PTE

The Australian Federal Court has confirmed in Merck Sharp & Dohme Corp. v Sandoz Pty Ltd [2021] FCA 947 that, when a patent covers two pharmaceutical substances of the patentee, a patent term extension (PTE) application must be based on the pharmaceutical...
World-first decision: Artificial Intelligence recognised as a patent inventor under Australian law

World-first decision: Artificial Intelligence recognised as a patent inventor under Australian law

by Pearce IP | Aug 2, 2021 | Blog, Patents

The Australian Federal Court in Thaler v Commissioner of Patents [2021] FCA 879 (30 July 2021) has determined that an artificial intelligence (AI) system, DABUS, can be an inventor of a patent.  However, the Court also held that a non-human inventor cannot be the...
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