Genes can’t be patented, rules Australia’s High Court
By Michael Slezak,
New Scientist
| 10. 07. 2015
Untitled Document
Your genes are no longer patentable in Australia. The country’s highest court found unanimously that two previous Australian judgments allowing patents of genes were wrong, and they do not constitute a patentable invention.
The judges unanimously agreed on the outcome, but had different reasons. The majority of judges ruled that the key part of a gene is not its physical structure, but rather the information stored in it, which is not an invention. They wrote: “[Its] substance is information embodied in arrangements of nucleotides. The information is not ‘made’ by human action. It is discerned.”
They also said that if the patent was allowed, then it could be infringed by someone regardless of how they tested for it. And a pathologist wouldn’t know they had infringed it, until they actually found the gene. They noted that this could have a “chilling effect” on healthcare and research. “Such a result would be at odds with the purposes of the patent system,” they wrote.
Another group of judges said the subject of the patent was the isolated piece of...
Related Articles
A Review of Exposed by Becky McClain
“Do not get lost in a sea of despair. Be hopeful, be optimistic. Our struggle is not the struggle of a day, a week, a month, or a year, it is the struggle of a lifetime. Never, ever be afraid to make some noise and get in good trouble, necessary trouble.”
— John Lewis
Becky McClain became famous when she successfully sued Pfizer, one of the very largest pharmaceutical and biotech companies. She...
By Katherine Long, Ben Foldy, and Lingling Wei, The Wall Street Journal | 12.13.2025
Inside a closed Los Angeles courtroom, something wasn’t right.
Clerks working for family court Judge Amy Pellman were reviewing routine surrogacy petitions when they spotted an unusual pattern: the same name, again and again.
A Chinese billionaire was seeking parental...
By Sarah Kliff, The New York Times | 12.10.2025
Micah Nerio had known since his early 30s that he wanted to be a father, even if he did not have a partner. He spent a decade saving up to pursue surrogacy, an expensive process where he would create embryos...
By Carter Sherman, The Guardian | 12.08.2025
A huge defense policy bill, revealed by US lawmakers on Sunday, does not include a provision that would have provided broad healthcare coverage for in vitro fertilization (IVF) for active-duty members of the military, despite Donald Trump’s pledge...
