Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pfizer Inc v Commissioner of Patents [2005] FCA 137 PATENT – application for extension of term – appeal from decision of the Deputy Commissioner of Patents refusing the extension – construction of s 70(2)(a) of the Patents Act 1990 (Cth)– whether disclosure and description of a generic formula was an "in substance" disclosure of the compound within that formula – whether there was "real and reasonably clear disclosure" – where there is "real and reasonably clear disclosure" there is also "in substance" disclosure – the existence of a later selection patent is not relevant to whether there is "in substance" disclosure for the purposes of an application for extension of term under s 70(2)(a) – application remitted to the Commissioner WORDS AND PHRASES – "must in substance be disclosed" – "in substance"
Administrative Decisions (Judicial Review) Act 1977 (Cth) Patents Act 1990 (Cth) AMP Incorporated v Commissioner of Patents (1974) AOJP 3224 CCOM Pty Ltd v Jiejing Pty Ltd (1994) 51 FCR 260 Coopers Animal Health Australia Ltd v Western Stock Distributors Pty Ltd (1987) 15 FCR 382 Ethyl Corporation's Patent [1972] RPC 169 F. Hoffman-La Roche v Commissioner of Patents (1971) 123 CLR 529 Gambro Pty Ltd v Fresenius Medical Care South East Asia Pty Ltd (2000) 49 IPR 321 ICI Chemicals & Polymers Ltd v Lubrizol Corp (1999) AIPC 91 91-521 Imperial Chemical Industries Pty Ltd v Commissioner of Patents [2004] FCA (1658) Institut Francais du Petrole des Carburants et Lubricants' Application [1972] FSR 147 Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (2004) 2121 ALR 1 Merck & Co Inc v Sankyo Co Ltd (1992) 23 IPR 415 Prestige Group (Australia) Pty Ltd v Dart Industries Inc (1990) 26 FCR 197 Re ICI Chemicals & Polymers Ltd v The Lubrizol Corporation Inc (2000) 106 FCR 214 Re IG Farbenindustries Patents (1930) 47 RPC 289 RGC Mineral Sands Pty Ltd v Wimmera Industrial Minerals Pty Ltd (1998) 89 FCR 458 Societe Des Usines Chemiques Rhone-Poulenc v Commissioner of Patents (1959) 100 CLR 5 University of Georgia Research Foundation v Biochem Pharma Inc (2000) 51 IPR 222 TA Blanco White, Patents for Inventions, 4th ed., Stevens & Sons, London, 1974 PFIZER INC v COMMISSIONER OF PATENTS NSD1024 OF 2004 BENNETT J 1 MARCH 2005 SYDNEY
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