|Nadine potatoes, now|
a 'free for all'?
The PBR Act permits any person to act as an agent for another in relation to matters relating to PBR’s, and it is common for Australian patent attorneys, especially those having expertise in relevant areas of biology, to provide advice and services in relation to PBR’s. Here at Patentology, we do not claim to have such expertise, or indeed any practical experience in relation to PBR’s, so we would welcome any comments from informed readers who might find fault with what follows.
In short, Justice Lander in the Federal Court of Australia has uncovered an apparent drafting error in the transitional provisions of the PBR Act which – if we understand the consequences correctly – results in unenforceability of any rights which were originally applied for under the PVR Act but not granted until after commencement of the PBR Act.