Benitec Ltd. has announced that the Australian Patent Office has completed its review of Benitec's issued patents and they have been upheld.
Sara Cunningham, Chief Executive Officer of Benitec Ltd., stated, "There has never been a doubt in our minds about the validity of our patents. In conjunction with the recent successful resolution of our contract dispute with Promega, this result will allow us to broadly license our issued patent estate and use any ensuing revenue to focus on developing RNA interference based therapeutics for the treatment of infectious diseases.”
He adds, “RNAi, as with any groundbreaking technology, has been the subject of enormous legal scrutiny. As pioneers in the field, we are delighted to see our patents emerge from this challenge both intact and strengthened."
Benitec notes that in response to a patent infringement suit filed in March 2004, a re-examination request was filed relating to Benitec's issued patents in Australia (Australian Patent No. 743316 and Australian Innovation Patent No. 2001100608).
The patents have been reviewed, published for opposition, and Benitec has received notice from the Australian Patent Office that both re-examination proceedings have been successfully concluded.