Recently, we reported on an Australian Patent Office decision – Arrowhead Research Corporation  APO 70 (13 October 2016) (Arrowhead decision), which confirmed that gene-based pharmaceuticals, namely interfering RNA (iRNA) compositions, do represent patentable subject matter in Australia. This decision sets a significant legal precedent in relation to the patentability of iRNA compositions, which were
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
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