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Two big drug makers are challenging a provision in Australian patent law that they argue is “unreasonable,” and the outcome could determine the extent to which the pharmaceutical industry continues to find the Australian market attractive.

In a recent complaint, Bristol Myers Squibb (BMY) and Ono Pharmaceutical (OPHLY) maintain that existing law unfairly restricts the ability of a company to win a five-year patent extension for a product and, moreover, is out of step with the prevailing standards in many other countries.

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