The Full Federal Backflip: Patent Term Extension Rejected on Pharmaceutical Formulation
A substantial reconsideration of the entitlement of formulation patents to receive a patent term extension (PTE) in Australia has been made in this week’s decision of the Full Federal Court in Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd. Contrary to earlier interpretations of the Patents Act 1990, the Court held that the...