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 Annika Inampudi, Science | 08.01.2025
In June, Sara* received a message asking whether she wanted to continue to participate in a massive, multicenter research project led by scientists at Aarhus University in Denmark. The iPsych study, the message said, had sequenced her genetic data from...
The Center for Genetics and Society is delighted to recommend the current edition of GMWatch Review – Number 589. UK-based GMWatch, a long-standing ally, was founded in 1998 by Jonathan Matthews as an independent organization seeking to counter the enormous corporate political power and propaganda of the GMO industry and its supporters. Matthews and Claire Robinson are its directors and managing editors.
CGS works to ensure that social justice, equity, human rights, and democratic governance are front...
By Harry Hunter, PET BioNews | 08.11.2025
The Parliamentary Office of Science and Technology has announced plans to publish a POSTnote and called for submissions on surrogacy law in the UK and internationally.
The current UK surrogacy laws, largely based on legislation from the 1980s, have been...
By Molly Gray, Nuffield Council on Bioethics | 08.13.2025
Human embryo at about 8 weeks
by Anatomist90, CC3.0
With debate growing around whether the “14-day rule” on human embryo research remains fit for purpose, the need for inclusive public dialogue is more important than ever. Decisions about whether...