The ongoing saga of Lundbeck's fight for its patent on the
widely used anti-depressant Lexapro has culminated in an
extraordinary decision by the Patents Office (Alphapharm Pty
Ltd, Sigma Pharmaceuticals (Australia) Pty Ltd, Apotex Pty Ltd,
Sandoz Pty Ltd v H Lundbeck A/s [2011] APO 36). This case has
seen Lundbeck secure an extension of time of some 121 months to
file a section 70 application in order to extend the term of one of
its patents.
The fact an extension of term has been granted is not in itself
unusual. The Commissioner has previously granted an extension of
time in relation to section 70 applications. What places this
decision in the realm of the extraordinary is the length of the
extension, probably the longest extension ever granted by the
Patents Office. This is combined with the fact that the decision to
grant the extension was made at a time when the relevant patent had
already expired and when there was a number of generic entrants,
some of which
