Government responds to the Productivity Commission
Report and the Courts find "Swiss-style" claims not
sufficient for a PTE
The Australian Government, in its highly anticipated response to
the Productivity Commission's Report, recommended only a minor
change to the legislation relating to patent term extensions
(PTEs). Almost simultaneously, in the equally eagerly-awaited
decision of the Federal Court in
Commissioner of Patents v AbbVie Biotechnology Ltd [2017] FCAFC
129, it was found that Swiss-style claims do not confer
eligibility for a PTE.
Some context: pressure on the PBS budget
Pharmaceuticals are subsidised in Australia by the
taxpayer-funded Pharmaceutical Benefits Scheme (PBS). With a
population of about 24 million, the Government is under severe and
sustained pressure to reduce PBS expenditure from its current level
of $10bn, but it must do so in difficult circumstances: the average
life-span of Australians is increasing as is the consumption
