The Federal Court in Australia has ruled in Cancer Voices Australia v. Myriad Genetics that isolated genetic material is patentable in Australia. Karen Sinclair explains the relevant issues.
What are the issues at stake in the case?
The most significant aspect of this case is that it is the first time an Australian judicial authority has decided whether genetic subject matter is patent-eligible.
Although it has long been the case that IP Australia has granted patents on isolated genes, genetic sequences, DNA, RNA, proteins and the like, this practice has been based on a precedent set by a late 1950s Australian High Court decision (known as the NRDC case) handed down long before anyone even really understood genetic technologies, let alone how they might be commercially utilised.
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
Cooley
European Patent Office
Finnegan LLP
GH Research
Gowling WLG
George Washington Law School
HGF Limited
IQVIA
Kirkland & Ellis International LLP
Marks & Clerk
Mintz Levin
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
Taylor Wessing
The United States Patent and Trademark Office (USPTO)
Valea AB
World Intellectual Property Office
For multi-user price options, or to check if your company has an existing subscription we can add you into for FREE, please contact Atif at achoudhury@newtonmedia.co.
If you have any technical issues please email tech support.
Myriad, gene patents, cancer, Australia
