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IP lawyer: Amped-up protection on the cards for recombinant DNA products

By Greg Chambers

Australian patent authorities continue to wrestle with the treatment of gene-related inventions. A new ruling may extend the life of patents covering medicines made with recombinant DNA technology

The deputy president of the Administrative Appeals Tribunal of Australia (AAT) has overturned a decision from the commissioner of patents to find that the term of a patent with Swiss-style claims can be extended when the claims cover the production of a pharmaceutical substance involving recombinant DNA technology (AbbVie Biotechnology Limited v Commissioner of Patents [2016] AATA 682, September 5 2016).

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