Tom Gumley

Tom Gumley

FPA Patent Attorneys

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What did the Australian High Court actually say about the patent eligibility of cDNA?

As the dust from the impact of the Australian Myriad decision begins to settle, now is the time to revisit what many have said regarding patent eligibility of cDNA, against what the final appeal Court actually said. On...more

10/19/2015 - Biotechnology BRCA DNA Life Sciences Myriad Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS

“Does a nucleic acid constitute patent eligible subject matter under Australia law?”

That is the question that we hoped Australia’s final appeal Court to have answered in the Myriad decision that it handed down last week. Some observers have been quite forthright on the point: ‘Yes, the High Court of...more

10/19/2015 - Biotechnology BRCA DNA Life Sciences Myriad Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS

Does a Nucleic Acid Constitute Patent Eligible Subject Matter Under Australian Law?

Clearly the High Court has given an answer to a question, but was that question the one we anticipated? That in itself is an open question!...more

10/18/2015 - Australia Biotechnology DNA Human Genes Legal Perspectives Myriad Patent Litigation Patent-Eligible Subject Matter Patents Popular

Full Federal Court confirms isolated nucleic acids are patentable in Australia

• The Full Federal Court has unanimously confirmed that isolated nucleic acids, either DNA or RNA, are patentable in Australia. • The decision is in contrast to the recent decision of the US Supreme Court, which held a...more

9/19/2014 - Australia Biotechnology DNA Myriad-Mayo Patent-Eligible Subject Matter Patents Popular

Myriad Beyond The US: Patent Eligibility Of Genes In Australia, New Zealand And South East Asia

This article discusses the patent protection of isolated, naturally occurring nucleic acids in Australia, NZ and a number of South East Asian countries. In these jurisdictions there is no express exclusion of these molecules...more

10/28/2013 - Australia DNA Genetic Materials Human Genes Myriad Patent Applications Patent-Eligible Subject Matter Patents

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