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

High Court confirms patentability of methods of medical treatment

Consideration of what constitutes patentable subject matter has been a recurring theme in both Australian and US courts this year: In Australia, the Federal Court has considered the patentability of genetic/biological material (Cancer Voices Australia v Myriad Genetics Inc) as well as software and business methods (Research Affiliates LLC v Commissioner of Patents) In the US, the Supreme

Gene patents are alive and well in Australia

In its long-awaited landmark decision, on 15 February 2013 our Federal Court confirmed that isolated genetic/biological material is patentable subject matter in Australia (Cancer Voices Australia v Myriad Genetics Inc. [2013] FCA 65 ). Gene patents have been the subject of two Senate Inquiries and Private Members’ Bills. In all instances, the arguments in support