Australian High Court rules against “gene patents”

The High Court of Australia has unanimously ruled that isolated naturally occurring nucleic acids are not patentable subject matter in Australia.  This decision overturns the earlier ruling of the Federal Court and the unanimous decision of the Full Federal Court.   The present case results from a legal challenge to Myriad’s Australian patent, 686004 from

Will Australia follow the US and prohibit the patenting of genes and biological material?

A decision is expected later this year from the Australian High Court in D’Arcy v Myriad Genetics Inc. This case is essentially equivalent to the US Myriad Supreme Court case and thus will provide a definitive judgment in relation to the patentability of isolated genes in Australia, which the lower courts have unanimously found to

Australian High Court to consider the patentability of isolated genes

Friday the 13th proved lucky for those opposed to gene patents in Australia with the High Court (equivalent to the US Supreme Court) granting a special leave application to appeal the decision of the Full Court of the Federal Court, which unanimously confirmed the patentability of isolated genes in Australia. Commentary in relation to the