Isolated Nucleic Acids are Patent Eligible in Australia

Last year, the Federal Court of Australia confirmed that isolated naturally occurring nucleic acid sequences are patent eligible subject matter.  The landmark decision affirms the long standing practice of granting claims to isolated nucleic acid sequences in Australia.

The applicants opposed to the patenting of human genetic material have since lodged an appeal against the ruling with the Full Federal Court of Australia: a decision on the appeal is expected later this year.

Cancer Voices Australia Pty Ltd v Myriad Genetics Inc

In Cancer Voices Australia Pty Ltd v Myriad Genetics Inc [2013] FCA 65 the Federal Court considered the validity of Myriad’s claims to isolated nucleic acid sequences encoding the BRCA1 gene.  BRCA1 is associated with breast and ovarian cancers.  The applicants argued that Myriad’s claims to the BRCA1 gene were invalid, on the basis that isolated nucleic acid sequences are a product of nature, and do not constitute a “manner of manufacture” as required under the Australian Patents Act 1990.  No other grounds of invalidity were pleaded.

In his decision, Justice Nicholas ruled in favour of Myriad, finding...