Commissioner of Patents v Ono Pharmaceutical Co. Ltd [2022] FCAFC 39

Federal Court of Australia Commissioner of Patents v Ono Pharmaceutical Co. Ltd [2022] FCAFC 39 Appeal from: Ono Pharmaceutical Co, Ltd v Commissioner of Patents [2021] FCA 643

File number: VID 379 of 2021

Judgment of: ALLSOP CJ, YATES AND BURLEY JJ

Date of judgment: 18 March 2022

Catchwords: PATENTS – application for extension of term of a standard patent relating to pharmaceutical substances – appeal from findings in judicial review proceedings as to the proper construction of ss 70, 71, and 77 of Patents Act 1990 (Cth) – appeal allowed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Patents Act 1990 (Cth) ss 2A, 65, 70, 71, 74, 75, 77, 223, ch 6 pt 3 Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 (Cth) sch 1 pt 1 item 1 Patents Regulations 1991 (Cth) reg 6.8 Intellectual Property Laws Amendment Bill 1997 (Cth) Intellectual Property Laws Amendment Bill 1998 (Cth) Commonwealth, Parliamentary Debates, House of Representatives, 26 November 1997, 11274 to 11275 Commonwealth, Parliamentary Debates, Senate, 9 July 1998, 5330 to 5331 Explanatory Memorandum, Intellectual Property Laws Amendment Bill 1997 (Cth) Revised Explanatory Memorandum, Intellectual Property Laws Amendment Bill 1998 (Cth) Explanatory Memorandum, Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 (Cth) Final Government Response to the Industry Commission Report No. 51, The Pharmaceutical Industry (9 April 1997) Industry Commission Report No. 51, The Pharmaceutical Industry (3 May 1996)