Gene-Related Patents in Australia and New Zealand: Taking a Step Back
25(4) Australian Intellectual Property Journal 181-197
Posted: 16 Oct 2017
Date Written: 2015
In September 2014, the Full Court of the Federal Court of Australia handed down D’Arcy v. Myriad Genetics Inc., holding that simply isolated genetic sequences are capable of constituting “manners of new manufacture” and are thereby inventions, as opposed to discoveries. In doing so, the court came to the opposite conclusion to the United States Supreme Court in an analogous case. Given the long-standing practice of granting gene-related patents in Australia and around the world, the outcome was by no means surprising. This article analyses if the Full Court’s decision was correctly reasoned in light of the High Court of Australia’s decision in National Research Development Corporation v. Commissioner of Patents and the existing flexibility regarding subject matter eligibility in Australia and New Zealand.
Keywords: gene patents, myriad genetics, Australia, New Zealand
JEL Classification: K11, K39
Suggested Citation: Suggested Citation