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
By Pete Shanks
| 02.27.2026
Last month, we published “The Shameful Legacy of Tuskegee” which focused on a proposed experiment in Guinea-Bissau. The study’s plan echoed the notorious Tuskegee disaster, withholding safe, effective vaccines against hepatitis B from some newborns while inoculating others. It was to be financed by the U.S. but performed by a controversial Danish team. That project provoked a multi-national outcry, leading to a remarkable response from the World Health Organization:
WHO has significant concerns regarding the study’s scientific...
By Jenn White, NPR | 02.26.2026
By Kiana Jackson and Shannon Stubblefield, New Disabled South | 02.09.2026
"MC0_8230" via Wikimedia Commons licensed under CC by 2.0
This report documents a deliberate assault on disabled people in the United States. Not an accident. Not a series of bureaucratic missteps. An assault that has been coordinated across agencies...
By Scott Solomon, The MIT Press Reader | 02.12.2026
Chris Mason is a man in a hurry.
“Sometimes walking from the subway to the lab takes too long, so I’ll start running,” he told me over breakfast at a bistro near his home in Brooklyn on a crisp...