Australia: Patent

Australian patent law requires all patents to be novel—meaning the invention must be new when compared with prior art existing before the priority date. A single prior disclosure that lacks novelty can invalidate a patent claim, jeopardizing licensing agreements, freedom-to-operate assessments, and infringement actions.

Following a landmark Australian Federal Court decision, IP Australia has updated its guidance on patentable subject matter for computer-implemented inventions. The first Patent Office decision applying this new approach reveals critical distinctions in how technical features must be claimed to secure patent protection for software-based innovations in mining and industrial applications.

IP Australia has released its annual Australian IP Report (Report), analysing 2025 filing data for patents, trade marks, design rights and plant breeder’s rights and identifying trends in Australia’s intellectual property (IP) landscape and economy more broadly.

Australia's pharmaceutical patent landscape has reached a critical juncture, with appellate courts reconsidering fundamental principles of patent scope, term extensions, and remedies that will shape originator-generic disputes for the foreseeable future. As the High Court prepares to rule on patent term extensions for formulation patents and new Federal Court practice directions take effect, the strategic calculus for both innovators and generic entrants is being fundamentally rewritten.

Spruson & Ferguson's intellectual property experts provide insights into patent examination processes and strategies for navigating complex IP landscapes across multiple jurisdictions. The team offers guidance on maximizing patent protection while addressing technical and legal challenges that arise during prosecution.

Australian companies developing critical minerals technologies face a crucial strategic decision: determining where to file patent applications internationally. While the Patent Cooperation Treaty (PCT) covers most major jurisdictions...

The Full Federal Court's decision in The NOCO Company v Brown and Watson International establishes that divisional patent applications must disclose the best method known at their individual filing dates, not the original priority date. This ruling creates new obligations for patent holders managing divisional families and opens strategic opportunities for challengers to attack patents filed years after their parent applications. Patent practitioners must now reassess their portfolio strategies as this uniq

The recent decision of the Full Court of Australia in Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd [2025] FCAFC 161 represents a significant milestone for patent term extensions...

The Full Federal Court ruled that patent term extensions apply only to active pharmaceutical ingredients, not formulations, putting formulation-based extensions at risk.