Tom Gumley

Tom Gumley

Freehills Patent Attorneys

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What impact will the Australian Myriad decision have on patent eligibility of diagnostic tests?

By now most will know that: (a) Australia’s final appeal Court has made adverse findings against Myriad’s patent for utilising the BRCA1 locus to diagnose breast cancer; (b) the rejected claims are only those that...more

10/23/2015 - Biologics Biotechnology BRCA Cancer Diagnostic Tests Healthcare Life Sciences Myriad Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Pharmaceutical Patents Popular

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

Salient Lessons For Australian Applicants Of US Diagnostic Patent Applications

In the latest decision concerning diagnostic method claims a US Court1 has provided some guidance to the diagnostics industry on the interpretation of the recent Supreme Court decisions in Mayo v Prometheus2 (Mayo) and AMP v....more

11/29/2013 - AMP v Myriad Australia Diagnostic Method Diagnostic Tests Mayo v. Prometheus Myriad Patent-Eligible Subject Matter Patents Preemption SCOTUS

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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