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

The US Supreme Court rules on gene patents

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

The economics of isolated human gene patents in Australia

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

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

Is the gene patent debate fuelling change to the Australian patent system for all technology?

We previously reported that the Australian biotechnology/pharmaceutical patent landscape was in a state a flux. At that time, we were awaiting the recommendations of a Senate Inquiry into the patenting of genes and biological materials. Since then, the recommendations of that Inquiry have been made public. In addition, there have been a number of other