Isolated Nucleic Acids are Patent Eligible in Australia
By Shelley Rowland,
Lexology
| 06. 25. 2014
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...
Related Articles
By Evelina Johansson Wilén, Jacobin | 01.18.2026
In her book The Argonauts, Maggie Nelson describes pregnancy as an experience marked by a peculiar duality. On the one hand, it is deeply transformative, bodily alien, sometimes almost incomprehensible to the person undergoing it. On the other hand...
By Paula Siverino Bavio, BioNews | 01.12.2026
For more than ten years, gestational surrogacy in Uruguay existed in a state of legal latency: provided for by law, carefully regulated as an exception, yet without a single birth to make it real.
That situation changed with the arrival...
By Sam Schechner, Daria Matviichuk, and Thomas Grove, The Wall Street Journal | 12.22.2025
Pavel Durov photo by Steve Jennings/Getty Images
for TechCrunch licensed under CC by 2.0
Attractive women started showing up in summer 2024 at a fertility clinic in southern Moscow in response to an unusual marketing campaign: free sperm.
The sperm...
By staff, Japan Times | 12.04.2025
Japan plans to introduce a ban with penalties on implanting a genome-edited fertilized human egg into the womb of a human or another animal amid concerns over "designer babies."
A government expert panel broadly approved a proposal, including the ban...