Scintilla – a flash, a spark, an iota. Shorthand for creativity and an indicator of inventiveness under Australian law.

Wednesday, October 7, 2015

D'Arcy v Myriad: The High Court rules on gene patenting

The High Court has today unanimously overturned the Full Federal Court's decision in D'Arcy v Myriad Genetics that isolated genetic material was patentable.

The case revolved around a patent by Myriad Genetics claiming isolated nucleic acid encoding a protein implicated in predisposition to breast or ovarian cancer. The High Court decided that the substance of the claimed invention is genetic information embodied in the nucleic acid. The information is not 'made' by human action, was naturally occurring and not a 'manner of manufacture'.

Today's decision has implications for parts of the Australian biotech industry.

Allens Partner Dr Trevor Davies discussed with Boardroom Media why the High Court overturned the decision and what it means for the biotech industry.

You can listen to the interview at the Allens website.

We will publish a detailed post on the decision tomorrow on Scintilla.

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