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While the Lundbeck decision has been criticised for interpreting "contains" too broadly, this interpretation currently stands. The High Court of Australia considered that the approach taken was not attended with sufficient doubt to warrant grant of an xanax stay in your body application for special leave to appeal.148 The question then arises as to whether the legislation should be amended to be more consistent with the original intentions. The Lundbeck case can be contrasted with canada pharmacy tramadol the position in the xanax stay in your body EU and the US, where Lundbeck has successfully obtained extensions for its enantiomer patents.

In both the US and the EU, the first regulatory approval date is based on the first permitted commercial marketing or use of the product. In the US, if the drug for which an extension is sought can be considered a separate product to that of an earlier registration, xanax stay in your body and is subject to its own regulatory approval process, then generally it will be entitled to an extension of term.149 The differences between Australian law and law in other jurisdictions have lead to an entirely different outcome despite the facts of a case being substantially similar.150 Australian law should only be amended where this is in the national interest, not simply to align with other jurisdictions. However, in the case of s.70(3), it appears that the current law has produced unintended consequences and that US and EU law tends to result in more appropriate outcomes. Under current Australian law the presence of impurities or enantiomers can limit the availability of extensions of term that from a xanax stay in your body policy perspective appear to be warranted.

It can also result in extensions being obtained in reliance on an ARTG listing which bears little relation to the patented product. The Panel considers that clarifying s.70(3) so that the prednisone online buy phentermine cheap buy adipex online buy ultram relevant ARTG listing is related to the product claimed by the patent may result in better outcomes in certain specific cases and should reduce uncertainty. However, an amendment would only be warranted if it addressed important continuing inefficiencies and would involve negligible net costs Draft recommendation 6.3: Section 70(3) should be amended to clarify that the ARTG registration on which an extension of term is based is that of the relevant product, the use of which would infringe the claim. The Panel requests feedback from stakeholders on the effects of clarifying the legislation in this manner. Current law Contributory infringement is a form of indirect infringement. In general terms, contributory infringement may occur where a person contributes to infringing conduct, or directs another party to engage in infringing conduct. Section 117(1) of the Patents Act provides that, if use of the product by a person would infringe a patent, the supply of that product from one person to another is an infringement of the patent by the supplier, unless xanax stay in your body the supplier is the patentee or licensee of the patent.

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