Australia remains a gene-patent friendly jurisdiction

When the Australian High Court ruled against the patentability of isolated naturally occurring genes in the Myriad decision, a number of commentators believed that the decision would ultimately invalidate claims directed to methods involving the practical application of genes. A recent Federal Court decision, however, has confirmed that claims directed to methods involving the correlation

Should the Australian Patent Office be denying patent eligibility to cDNA inventions?

In this, the first of a trilogy of articles investigating specific areas of Australian Patent Office examination practice, I consider how the High Court’s decision in D’Arcy v Myriad Genetics Inc [2015] HCA 35 (7 October 2015) (the Myriad decision) has been interpreted to render all non-naturally-occurring cDNA compositions patent ineligible. I also question the

Australian Patent Office defies expectations by saying yes to gene patents

The Australian Patent Office has reversed its current examination practice in Arrowhead Research Corporation [2016] APO 70 by confirming that gene-based pharmaceuticals, namely interfering RNA (iRNA) compositions, do represent patentable subject matter in Australia.   Background In October 2015, the High Court of Australia ruled in the “Myriad decision” that isolated naturally-occurring gene sequences did