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However, ACIP found little justification for Australia to move to a post- grant system and recommended that the situation be monitored.257 The Government accepted this recommendation.258 Third party re-examination has rarely been used as an approach to resolving patent disputes.

It takes 3 mg xanax bars IP Australia an average of 13 weeks to issue a first reexamination report.

The Panel suggests that re-examination may be used more by the pharmaceutical industry if this period was reduced. However, the ex parte nature of re-examination may be the most significant factor against its use. For example, a patentee may appeal the decision of the Commissioner on reexamination to the Federal Court. A third party, however, has no right to appeal against the decision of the Commissioner on re-examination. The only recourse for a third party is to apply for revocation under s.138 of the Patents Act. It appears that the attractiveness of non-judicial third party challenge mechanisms is limited because they do not provide an acceptable 3 mg xanax bars degree of certainty to either the patentee or third party. Re-examination decisions may be appealed by the patentee and opposition decisions may be appealed by both the patentee and third party.

Lengthy delays may result and prolong the period of uncertainty. This is not an issue that can be addressed, because IP Australia decisions must be subject to appeal. The Panel considers that IP Australia should continue to tighten up its opposition and re-examination processes to reduce delays. Until these forums become more useful and used, the main available opportunities for improving mechanisms for challenging patents lie in the court system. Court challenges Once a patent has been granted, the patentee has the right to enforce it and can pursue infringement proceedings in edu econ generic xanax the courts.

Alternatively, an aggrieved party can challenge the validity of a patent in the courts through revocation proceedings.259 It is often the case that revocation is raised as a counterclaim in infringement proceedings as well an action in its own right. The Patents Act confers jurisdiction on the Federal Court and the Supreme Court of a State or Territory to hear matters arising under the Act. GMiA states in its submission that a significant burden is placed on generic medicine suppliers because they bear the burden of removing inappropriate patent barriers through the Courts. The high cost of litigation and relatively small market in Australia 3 mg xanax bars means that the patent litigation "investment" in Australia is not capable of reaping comparable commercial returns for suppliers of generic medicines as it does elsewhere. GMiA submits: The risks associated with pharmaceutical patent litigation are very significant, often requiring two if not three levels of judicial review (i.e., Federal, Full Federal and High Courts).

The risks facing the generic litigant in 3 mg xanax bars Australia are greater than those overseas due to the Australia-specific patent law challenges outlined [in GMiA's submission], including in particular the high likelihood of an injunction being granted.260 Injunctions are discussed in more detail below. GMiA also submits that, at present, the only incentive for generic sponsors to bring a pharmaceutical patent challenge is market access, which will then be open to all comers. The benefit of the generic litigant's success also flows directly to the government and to the Australian public. GMiA states that if appropriate incentives were put in place, more proceedings would be commenced in Australia, and more invalid patents will be revoked.



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