D’Arcy v Myriad Genetics Inc & Anor
D’Arcy v Myriad Genetics Inc & Anor: Australian High Court rules that isolated genetic material is not patentable subject matter.
In a reversal of the previous decision of the Federal Court of Australia, the High Court of Australia (highest Australian court) ruled on 7 October 2015 that isolated genetic material coding for a polypeptide (in the form of DNA or RNA) is not patentable subject matter (http://www.hcourt.gov.au/cases/case_s28-2015).
The judgment held that an isolated nucleic acid coding for the BRCA1 protein with specific variations indicative of breast and ovarian cancer (as claimed in claims 1-3 of Australian Patent No. 686004) does not fall […]