An extension of term of a pharmaceutical patent under s 70 of the Patents Act 1990 (Cth) was held invalid where the asserted pharmaceutical substances per se did not take all integers of the relevant claims, and the claims themselves were invalid for lack of clarity because the person skilled in the art could not determine from the patent specification and common general knowledge whether all formulations falling within the claims would achieve the claimed release period, which constituted an impermissible limitation by result.
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