The Prescription - The Prescription | December 2023

• Patent priority date issues under the Raising the Bar regime

  By Ben Miller, Stephen Rohl, Katie Pryor

  We consider the Federal Court’s guidance in the ToolGen CRISPR debate on the higher standard for claiming priority under the Raising the Bar regime.

• US Supreme Court weighs in on enablement of functional antibody claims

  By Ben Miller, Stephen Rohl & Jenny Wong

  We discuss the US Supreme Court’s decision regarding claims to broad classes of antibodies defined by function and its implications for Australia.

• High Court frowns on BOTOX’s competitor concerns

  By Shaun Temby & Alice Robertson

  We unpick the High Court’s judgment regarding misleading or deceptive conduct in the context of comparative marketing.

• Special Commission of Inquiry into healthcare funding

  By Angela Wood, Alexandra Adams

  We provide an update on the Special Commission of Inquiry into Healthcare Funding in NSW.

• Not just a new Aged Care Act – the Australian Government's proposal for a new aged care regulatory regime

  By Angela Wood, Lucille Scomazzon

  We consider the Australian Government’s proposal for a new aged care regulatory regime expected to commence on 1 July 2024.

• Reflecting on 12 months of reform in aged care: 1 December 2022 to 1 December 2023

  By Lucille Scomazzon, Angela Wood, Tamie Duncan-Bible

  We pprovide a recap on key changes to the aged care regulatory regime throughout the 2023 calendar year.