Gene-Related Patents in Australia and New Zealand: Taking a Step Back

25(4) Australian Intellectual Property Journal 181-197

Posted: 16 Oct 2017

See all articles by Jessica C. Lai

Jessica C. Lai

Victoria University of Wellington

Date Written: 2015

Abstract

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

Lai, Jessica C., Gene-Related Patents in Australia and New Zealand: Taking a Step Back (2015). 25(4) Australian Intellectual Property Journal 181-197, Available at SSRN: https://ssrn.com/abstract=3053066

Jessica C. Lai (Contact Author)

Victoria University of Wellington ( email )

PO Box 600
Wellington
New Zealand

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