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At that time however, the Government reaffirmed it was 'committed to providing an effective 15-year term for those [pharmaceutical] patents and is working closely with industry to that end.'94 The current scheme was introduced through the Intellectual Property Laws Amendment Act 1998 in recognition that a pharmaceutical patentee is unable to buy generic xanax buy xanax alprazolam commercially exploit a patent until regulatory approval from the Therapeutic Goods Administration (TGA) is given. The intention was to provide an effective patent term from the date of marketing approval that was "more in line with that available to inventions in other fields of technology".95 The scheme was buy generic xanax buy xanax alprazolam also intended to provide a patent system which is in line with other developed nations, recognising the importance of a country's intellectual property system in securing investment in research, development and manufacturing as well as access to pharmaceutical products.96 Australia is obliged to retain a system of extensions for pharmaceutical patents under the AUSFTA.97 However, the Agreement does not specify a particular length for the extensions. 5.2.How the scheme works The provisions for extensions buy generic xanax buy xanax alprazolam of term are set out in chapter 6, part 3 of the Patents Act 1990. They provide for extensions of term of a standard patent if the following requirements are met: •the patent must disclose and claim a pharmaceutical substance per se, or a pharmaceutical substance when produced by a process that involves the use of recombinant DNA technology; •goods containing, or consisting of, the pharmaceutical substance must be included in the Australian Register of Therapeutic Goods buy tramadol uk (ARTG); •the period from the effective filing date of the patent to the date of first regulatory approval must be at least five years; and •the term of the patent must buy generic xanax buy xanax alprazolam not have been previously extended. An application for an extension of hydrocodone cut term must be submitted to IP Australia within six months of the patent being granted, or of the first inclusion of the pharmaceutical in the ARTG, whichever is later.
A patent which meets these requirements can be extended for up to five years, taking the duration of the term up to 25 years. The length of an hydrocodone bitartrate and homatropine extension of term is calculated to be the period from the date of filing the patent until the date of marketing approval by the TGA, minus five years. This allows for a maximum adipex ambien more phentermine soma source viagra patent life of 25 years and a maximum effective market life, or period from marketing approval to patent expiry, of 15 years. 5.3.The stated policy objective The explanatory memorandum of the bill introducing the current extension of term provisions stated that: The objective of this proposal is to provide an 'effective patent life' - or period after marketing approval is obtained, during which companies are earning a return on their investment - more in line with that available to inventions in other fields of technology.
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