Patenting gene association analyses for cattle in Australia

In a mammoth decision, Beach J has held that Branhaven’s patent application, No 2010202253, entitled “Compositions, methods and systems for inferring bovine traits” “is deficient in terms of:

(a) lack of clarity;

(b) a failure to define the invention; and

(c) related to some questions of construction, lack of utility.”

His Honour, however, rejected attacks on the basis of manner of manufacture, novelty, inventive step and fair basis. Branhaven will be given time (usually 60 days) to consider whether it can amend to overcome the objections.

At 949 paragraphs there is more than a little light reading!

The ABC has an excitable summary here.

Meat & Livestock Australia Limited v Cargill, Inc [2018] FCA 51

Published by war

A barrister practising mainly in Australian patents, trade marks, copyright and other IP law; lecturer and contributing author to LexisNexis' Copyright & Designs and Patents looseleaf services

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