Following the High Court’s ruling that Myriad’s claims for isolated DNA relating to BRCA1 were not patentable subject matter, IP Australia has released a “consultation” on how it proposes to treat patent applications claiming genetic material.
A closer look at the High Court’s ruling in D’Arcy v Myriad
Full Bench dismisses appeal from ruling that isolated genes are patentable subject matter in Australia.
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 consultation now is on the wording to implement those policies. An objects clause The consultation.. Read More
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 mutant or polymorphic BRCA1 polypeptide, said nucleic acid containing in comparison to the BRCA1 polypeptide.. Read More
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 difficult to get a working link to the text of the Bill itself.) According to.. Read More
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 granted patents Schedule 2– Free access to patented inventions for research and regulatory activities Schedule.. Read More
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 the Statute of Monopolies, and includes an alleged invention. and, from NRDC (for example) :.. Read More
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 bring greater clarity to the application of the invention-discovery distinction to isolated genetic materials. As.. Read More
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, this case does not involve allegations of misuse of market power relating to a patented.. Read More