Blake Dawson Waldron - What is the start date for calculating a term extension of a pharmaceutical patent?

What is the start date for calculating a term extension of a pharmaceutical patent? - Christina Kyriazakos, Lawyer and Ben Miller, Partner report on Pfizer Corp & 3 Ors v Commissioner of Patents & Spirit Pharmaceuticals Pty Limited (No 2) [2006] FCA 1176:

  • “Pending any appeal, the correct period of any patent term extension for a pharmaceutical substance should be calculated from the date the drug was included in the Australian Register of Therapeutic Goods, whether that approval was a listing for export only, or a registration which allows marketing within Australia. Once a drug is approved for export, the patent owner is able to exploit the invention.”

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