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Change is Coming to Australia! Patent Term Extension to No Longer be Available for Formulations

Change is Coming to Australia! Patent Term Extension to No Longer be Available for Formulations

by Sean Hutchinson | Feb 5, 2026 | US & International

In many countries, patents are granted for inventions and last for 20 years, subject to payment of renewal fees at regular intervals. However, some countries permit the patent term to be extended provided certain requirements are met. In the UK and the EU, a...
UPC Takes EPO Approach when Assessing Patentability of Broad Antibody Claims in Amgen v Sanofi

UPC Takes EPO Approach when Assessing Patentability of Broad Antibody Claims in Amgen v Sanofi

by Chloe Sullivan | Jan 20, 2026 | UPC

To briefly recap the key events leading up to this decision, the US Supreme Court found a lack of enablement when assessing the PCSK9 antibody claims in Amgen’s US patent and the Munich Central Division of the UPC initially revoked the European equivalent based on...
Lynk Labs asks Supreme Court of the United States to define prior art in the context of inter partes review proceedings

Lynk Labs asks Supreme Court of the United States to define prior art in the context of inter partes review proceedings

by Carolyn Haywood | Oct 28, 2025 | US & International

In district court litigation, patents can be challenged on any ground, and challenges may be based on any kind of prior art recognised by the patent statutes. Inter partes review (IPR) proceedings are, however, different. They are administrative proceedings in which...
G 1/23 confirms that products placed on the market before the effective date of a European patent application constitute prior art, regardless of whether they can be reproduced

G 1/23 confirms that products placed on the market before the effective date of a European patent application constitute prior art, regardless of whether they can be reproduced

by Carolyn Haywood | Sep 30, 2025 | EPO

Background to the referral The G 1/23 referral came from Board 3.3.03 in the consideration of T 0438/19, an appeal against the decision of an opposition division to reject an opposition against a European patent directed to a material for encapsulating a solar cell...
South Africa Introduces New Plant Variety Rights Act Echoing the EU System

South Africa Introduces New Plant Variety Rights Act Echoing the EU System

by Chloe Sullivan | Jul 22, 2025 | US & International

The new system replaces the 1976 Plant Breeders’ Rights Act and intends to bring South Africa into compliance with the International Union for the Protection of New Plant Varieties (or UPOV). However, what is more interesting is how many parallels the new system draws...
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  • Change is Coming to Australia! Patent Term Extension to No Longer be Available for Formulations
  • James Peel Joins Schlich
  • Seagen vs Daiichi Sankyo: A Warning Shot for Broad Biologic Platform Patents in the US
  • UPC Takes EPO Approach when Assessing Patentability of Broad Antibody Claims in Amgen v Sanofi
  • Claim Interpretation and Other Lessons from Otec v. Steros at the UPC Court of Appeal

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