IPwars.com

Mainly intellectual property (IP) issues Down Under

Widespread dissatisfaction in US with Supreme Court’s patentable subject matter tests

The USPTO has published a report on its public review of the rules patent eligible subject matter under US law – what we would call a “manner of manufacture”.

IP Australia consults on patenting genetic material post Myriad

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.

Myriad’s BRCA1 claims – take 2

A closer look at the High Court’s ruling in D’Arcy v Myriad

High Court to review patenting of isolated genes in Australia

High Court grant special leave to determine patentability of Myriad’s BRCA patents.

Isolated genes still patentable in Australia

Full Bench dismisses appeal from ruling that isolated genes are patentable subject matter in Australia.

Alice corp

Software patents: US Supreme Court grants certiorari to determine patentability of Alice Corp’s computer related patent

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 consultation now is on the wording to implement those policies. An objects clause The consultation.. Read More

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 mutant or polymorphic BRCA1 polypeptide, said nucleic acid containing in comparison to the BRCA1 polypeptide.. Read More

Mayo v Prometheus

Last week, the US Supreme Court unanimously rejected the patentability of Prometheus’ “diagnostic”, characterising it as an impermissible attempt to patent a law of nature. Claim 1 of the Patent was: A method of optimizing therapeutic efficacy for treatment of an immune-mediated gastrointestinal disorder, comprising: “(a) administering a drug providing 6-thioguanine to a subject having said immune-mediated gastrointestinal disorder; and “(b) determining the level of 6-thioguanine in said subject having.. Read More

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 bring greater clarity to the application of the invention-discovery distinction to isolated genetic materials. As.. Read More

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