News & Analysis as of

Australia Patent-Eligible Subject Matter

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad -- Australia Reigns Supreme over U.S. in Patenting Diagnostic Methods

In July 1969, as a young boy, I watched in awe, along with the rest of world, as the United States of America put two men on the moon.  Years later in 2011, the then Prime Minister of Australia, Julia Gillard, stood before...more

Foley & Lardner LLP

Australia Holds The Line On Patent Eligibility Of Diagnostic Methods

Foley & Lardner LLP on

In a decision underscoring that the U.S. stands (nearly) alone in holding most diagnostic methods to be not eligible for patenting, the Federal Court of Australia upheld Sequenom’s Australian patent directed to prenatal...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution Newsletter - October 2018: The State of Patentable Subject Matter Internationally

As evidenced recently in the United States, it may be difficult to tell what categories of inventions are eligible for patent protection in foreign jurisdictions. To further complicate issues, standards of eligible subject...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad -- Australia Remains a Gene-Patent Friendly Jurisdiction

When the Australian High Court ruled against the patentability of isolated naturally occurring genes in the Myriad decision, a number of commentators believed that the decision would ultimately invalidate claims directed to...more

K&L Gates LLP

Methods of Genetic Testing Still Patentable

K&L Gates LLP on

This afternoon the Federal Court handed down its highly anticipated decision in Meat & Livestock Australia Limited v Cargill, Inc [2018] FCA 51. The matter has attracted substantial media attention in Australia and generated...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad -- Swiss-style Patent Claims Can Be Very Valuable in Australia

The scope for enforcement of Swiss-style claims may be broader in Australia than for method of medical treatment claims. Second medical use inventions can be claimed in an ever increasing number of claim formats depending on...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Denies Sequenom’s Cert Petition, Leaving the Federal Circuit’s Interpretation of the Mayo/Alice Patent Eligibility...

The Supreme Court today denied Sequenom Inc.’s petition for writ of certiorari, in which Sequenom asked the Court to review a decision of the Federal Circuit invalidating its patent on a breakthrough prenatal diagnostic...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: IP Australia Releases Myriad Examination Guidelines

Following the recent public consultation in view of the Australian High Court's decision in D'Arcy v Myriad Genetics ("Myriad"), IP Australia has released new Examination Guidelines for applications which may be affected by...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2015: #11 to #15

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

Foley & Lardner LLP

Australian Patent Office Provides Patent Eligibility Guidance

Foley & Lardner LLP on

The Australian Patent Office (IP Australia) has issued final patent eligibility guidance under the Australian High Court’s decision in D’Arcy v. Myriad Genetics, Inc. Where the USPTO extrapolated from the U.S. Supreme Court...more

JD Supra Perspectives

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

JD Supra Perspectives on

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

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Australian High Court Has Ruled in Myriad Gene Patent Case

The Australian High Court yesterday unanimously overturned six lower court judges and dismissed some very careful reasoning to not only follow the U.S. Supreme Court in invalidating claims to the BRCA1 and 2 gene sequences,...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: High Court Rules Myriad's BRCA Genes Not Patentable Subject Matter in Australia

Just over one year after the Full Federal Court of Australia unanimously upheld an earlier Federal Court decision that naturally occurring nucleic acid molecules are patentable in Australia, the High Court of Australia has...more

Foley & Lardner LLP

Australia High Court Rules Against Gene Patents

Foley & Lardner LLP on

Colleagues in Australia have been spreading the bad news: The High Court of Australia followed the lead (?) of the U.S. Supreme Court and determined that Myriad cannot patent the isolated BRCA1 gene in Australia. Thanks to...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Isolated Nucleic Acids Not Patentable in Australia

D'Arcy v. Myriad Genetics Inc & Anor [2015] HCA 35 - The High Court of Australia today handed down its decision in D'Arcy v Myriad, deciding once and for all that isolated nucleic acids do not define patent-eligible...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Isolated Gene Sequences Suffer A Cruel Fate in the Hands of the High Court of Australia

D'Arcy v Myriad Genetics Inc [2015] HCA 35 - The High Court of Australia has today handed down its decision in D'Arcy v Myriad Genetics Inc [2015] HCA 35, unanimously striking down the validity of the first three claims...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: High Court of Australia Hears Myriad Appeal

The High Court of Australia today heard the long anticipated appeal from the unanimous decision of a 5-judge bench of the Full Federal Court to allow Myriad's claims to isolated nucleic acids. The question before the...more

Baker Donelson

Patent Protection for Isolated Genetic Sequences Upheld in Australia

Baker Donelson on

Last year in AMP v Myriad Genetics, the U.S. Supreme Court concluded that isolated, naturally occuring DNA are not patent eligible, which caused considerable consternation in the biotech community. However, this does not...more

Foley & Lardner LLP

Australia Upholds Patent Eligibility of Isolated DNA

Foley & Lardner LLP on

The Full Federal Court of Australia affirmed that isolated nucleic acids, i.e. whether it be DNA or RNA, are patentable subject matter in Australia. While an appeal to the High Court of Australia may be possible, absent an...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Myriad Patent Upheld by Full Federal Court of Australia

The Full Federal Court of Australia has handed down its long awaited decision in D'Arcy v Myriad Genetics Inc today, affirming that isolated DNA and RNA are patentable subject matter under Australian law....more

K&L Gates LLP

Breaking News – Full Federal Court Confirms Patentability of Isolated Genes

K&L Gates LLP on

A five-judge bench of the Full Court of the Federal Court of Australia (Full Court) has today unanimously decided that Myriad Genetics Inc's (Myriad) patent covering the isolated BRCA1 gene (Patent) is patentable subject...more

Mintz - Intellectual Property Viewpoints

Australian High Court confirms that methods of medical treatment of the human body are patentable inventions

On 4 December 2013, the High Court of Australia handed down a decision confirming that methods of medical treatment can fall within the scope of patentable subject-matter....more

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