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ARTICLE · 01 MARCH 2014

Pharmaceutical Patent Term Extensions (PTEs) are here to stay ... for now

PTE provisions in Australia have been the subject of an extensive review, but the final report will not be released soon.

AustraliaIntellectual Property

February 2014 - Patent Term Extension (PTE) provisions in Australia have recently been the subject of an extensive review. The Government has recently announced, however, that it has no plans to release the Final Report.

As previously reported (see "Australia's Pharmaceutical Patents Under Review" and "Australia's Pharmaceutical Patents Under Review - submissions due by 21 January 2013") a Government review of the Australian pharmaceutical patents system was set up in 2012 to determine whether it is "effectively balancing the objectives of securing timely access to competitively priced pharmaceuticals, fostering innovation and supporting employment in research and industry" and, in particular, whether the system "is being used to extend pharmaceutical monopolies at the expense of new market entrants".

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