Patent term extensions and data exclusivity in Australia, New Zealand and South East Asia


Jess Gledhill
FB Rice, Sydney, New South Wales

John Landells
FB Rice, Melbourne, Victoria, Australia


256th ACS National Meeting - Boston
Monday, August 20, 2018, 2:15PM
"Extensions to Patent Term in the U.S. & Worldwide"


Getting the most value out of aging key patents means exploring options to extend patents past their standard 20 year term. Only some countries allow for such patent term extensions and there are varying differences between those countries. This presentation will address the legal requirements for patent term extensions relating to pharmaceutical patents in Australia and Singapore, the two countries in the region that permit patent term extensions. In particular, the presentation will explore the value and difficulties in obtaining patent term extensions including conditions that must be satisfied for the grant of an extension of term (including claim type), calculation of extension term, rights during the extension period, and relevant recent case law. The presentation will also address the more broadly available form of supplemental protection,  that being data exclusivity (the protection of clinical test data), in Australia, New Zealand and South East Asia (including Singapore, Malaysia and Vietnam).