Patentable subject matter reform

IP Australia has issued an Issues Paper on the proposed amendments to the Patents Act: (1) to insert an “objects” clause; and (2) to exclude from patentable subject matter inventions which it would be “offensive” to commercially exploit. These plans arise out of a recommendations made by ACIP which the Government announced it accepted. The […]

Myriad wins Down Under

Nicholas J has ruled that Myriad’s patent for isolated gene sequences relating to BRCA1 are patentable subject matter for the purposes of Australia’s Patents Act 1990. Claim 1 of the Patent (No. 686004 entitled “In vivo mutations and polymorphisms in the 17q-linked breast and ovarian cancer susceptibility gene”) is for: An isolated nucleic acid coding for a […]

Gene (no)patenting bill going down

The Senate’s Legal and Constitutional Affairs Committee has, by majority, recommended that the Senate should not pass the Patent Amendment (Human Genes and Biological Materials) Bill 2010. The Bill is a private members’ effort and, perhaps not surprisingly, the three of its sponsor still in the Senate dissented. (At the time of writing, it is proving […]

Draft Intellectual Property Laws Amendment (Raising the Bar) Bill 2011

A few weeks back now, IP Australia released a draft Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 (pdf) and draft Explanatory Memorandum (pdf). You can probably guess its overall objective from the exposure draft bill’s longer short title. The range of matters covered extends across 6 schedules: Schedule 1- Raising the quality of […]

Patentable subject matter in Australia

The Minister has released ACIP’s report into what should be patentable subject matter under Australian law. At the moment, s 18 defines a ‘patentable invention’ and the Dictionary in Sch. 1 defines and “invention” as: “invention” means any manner of new manufacture the subject of letters patent and grant of privilege within section 6 of […]

Gene patents

The Commonwealth Senate’s Community Affairs committee tabled its report into the patenting of genes towards the end of last month. After commenting on the still continuing cases (in both the USA and here), the Committee noted: The Committee will continue to monitor these important international and national legal developments, and notes that these cases may […]

Class actions and antitrust

Following on from the post earlier this week about the findings that AstraZeneca had misused its market power in the EU over Losec, the Full Federal Court in Australia (Moore, Jessup and Dodds-Streeton JJ) has largely upheld an appeal against the primary Judge’s decision to strike out a Statement of Claim. Unlike the AstraZeneca case, […]

The Fortnightly Review (of IP and Media Law)

Professors Megan Richardson and Andrew Kenyon and Vicki Huang edit a new online publication “The Fortnightly Review of IP and Media Law”. So far, it is up to issue #7 and features, amongst other things, a good debate in which Ass Prof. David Brennan responds to Dr Cannold and Prof Palumbi’s opinion piece in the […]