When the Australian High Court recently ruled against the patentability of an isolated naturally-occurring gene sequence, many anticipated that all isolated naturally-occurring material would become patent ineligible. Today, however, the Australian Patent Office has released its much anticipated revised examination guidelines, which indicate that isolated naturally-occurring material such as proteins and micro-organisms remain eligible for
The Australian Patent Office has released, and invited public consultation on, its proposed revision of examination practice in view of the High Court Myriad gene patent ruling. A copy of the guidelines can be found here: When the Australian High Court Myriad decision was handed down, there was speculation that it may be viewed in
Will the Australian High Court Myriad “gene patent” decision impact the patenting of all isolated biological material?
Last week, Shelston IP reported that the Australian High Court (the Australian equivalent to the US Supreme Court) unanimous ruled that isolated naturally-occurring nucleic acids were not patentable subject matter in Australia. The decision itself has been widely reported. There has, however, been little or no commentary regarding the ramifications of the decision and, in
In its long-awaited landmark decision in the case of Association for Molecular Pathology v Myriad Genetics Inc, the US Supreme Court has unanimously held that naturally occurring DNA sequences are products of nature and not patent eligible merely because they have been isolated. However, the Court also found that artificially created DNA sequences, such as
On the basis of the recommendations of the 2010 Senate Community Affairs References Committee Report on Gene Patents, the Centre for International Economics (CIE) was commissioned by IP Australia to investigate the economics of isolated human gene patents in Australia. The Report has recently been made publicly available and focuses on the economic impact in
Following the 2004 Australian Law Reform Commission (ALRC) report on gene patenting and human health in which it was reported that the key concept of patentable subject matter in Australia was ambiguous and obscure, the Minister for Innovation, Industry, Science and Research asked the Advisory Council on Intellectual Property (ACIP) to conduct a review into