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This decision has been criticised as incorrect.168 It was expressly disapproved by the AAT in Lohmann,169 with the Tribunal finding the decision was inconsistent with money order buy xanax previous judicial reasoning on the issue.
The AAT found that it is the active hydrocodone bitartrate homatropine ingredient in a product, rather than the product as a whole, hydrocodone online without rx which is considered the pharmaceutical substance for the purposes of s.70(2)(a).
The AAT found that the correct characterisation of the patent claim was as a new method of delivery of known active ingredients. Sanofi Aventis170 This IP Australia decision found that a bi-layered tablet comprising an immediate release layer and a prolonged release layer was a pharmaceutical substance per se. The hearing officer found that the combination of the layers formed a pharmaceutical compound and that therefore the tablet was a pharmaceutical substance per se. The two layers brought the mixtures into a form suitable for administration and it was the combination of the layers that gave the compound its effectiveness. The hearing officer concluded that it was the synergistic combination of the layers which provided the essence of the invention, and therefore that it was a new and inventive pharmaceutical substance per se. A number of commentators have criticised this decision, arguing that the proper characterisation of the claim was as a method of administration, not a pharmaceutical substance per money order buy xanax se.171 The decision in Sanofi has not been considered by a higher court. Analysis The Panel considers that the decisions in Boehringer and Prejay appear consistent with the original policy intent of the legislation.
These decisions have been affirmed many times and have not been overturned. However, edu fourteen buy xanax the IP Australia decisions of Sanofi and NV Organon show that interpreting the term "pharmaceutical substance per se" can be complex. Both of the decisions have been the subject of substantial criticism. Considering the decision of the AAT in Lohmann, it appears unlikely that NV Organon would have survived further challenge in a higher court. It is less clear whether the Sanofi decision would be considered incorrect by a higher court. Originator companies argue that consideration should be given to whether Australia's legislation should be amended to be similar to that in the EU and the US. The Panel considers that this would broaden the scope of products that are currently eligible for an extension and this issue is discussed below. Given the complexity of pharmaceutical technology, there would be some advantage to maintaining the status quo. A new definition could create new uncertainty until interpreted by the courts. The Panel is of the view that money order buy xanax the courts have provided sufficient direction on the meaning of alprazolam discountusdrugscom hydrocodone prescription soma the term "pharmaceutical substance money order buy xanax per se" and that the principles established by the Federal Court are consistent with the policy intent of the legislation.
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