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.