Late last year in the landmark decision of Apotex Pty Ltd v
Sanofi-Aventis Australia Pty Ltd [2013] HCA 30, the High Court
found that methods of medical treatment of human beings including
surgery and the administration of therapeutic drugs can be the
subject of patents.
Prior to this decision, the Federal Court had in two relatively
recent decisions expressed the view that methods of medical
treatment of the human body should be capable of protection by
patent. However, these statements were in contrast to a substantial
history of case law which excluded methods of medical treatment
from being patentable based on a variety of ethical, precedential
and public policy reasons.
Sanofi-Aventis was the registered owner of a patent which
claimed to protect a method of treating or preventing the skin
disorder psoriasis by administering an effective amount of a drug,
a compound of which was Leflunomide.
