PATENTS – validity – patent for controlled release aripiprazole formulations and methods for preparing and using such formulations – whether primary judge erred in finding claims were invalid for failing to define the invention and lacking clarity – ss 40(2)(b) and 40(3) of the Patents Act 1990 (Cth) (Patents Act) – where no error shown in finding that claims were limited by result – where claims found to define the invention and have sufficient clarity PATENTS – validity of extension of term of patent –meaning of pharmaceutical substance for purposes of s 70 of the Patents Act – whether pharmaceutical substance can include formulations – meaning of pharmaceutical substance limited to active substances and does not include formulations – extension of term of patent found to be invalid – appeal dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2025/2025fcafc0161For more information, see the original judgement.
