InternationalUSRemember you can easily switch between MIP US and MIP International at any time

Biotechnology and patentability: navigating unchartered waters in Australia and the US


The debate over the patentability of isolated DNA has raged around the world. Tania Obranovich compares the two Myriad decisions from the highest courts in Australia and the US and explains how the Australian decision has called into question what had long been thought of as a fundamental pillar of Australian patent law

Myriad's BRCA patents, which claim both breast cancer diagnostic methods and the isolated BRCA DNA molecules, have courted significant controversy both in Australia and the US in recent years. Extensive judicial consideration in relation to the patent eligibility of isolated DNA culminated in both a US Supreme Court (USSC) ruling in June 2013 (Associates for Molecular Pathology v Myriad Genetics) and an Australian High Court ruling in October 2015 (D'Arcy v Myriad Genetics). Since these courts represent the final step in the judicial process in their respective jurisdictions, the unanimous decisions of both courts that isolated DNA is not patent eligible is significant not only because it reverses decades of accepted practice in relation to the patent eligibility of isolated DNA, but because these decisions cannot be reversed unless either another case relating to the patent eligibility of isolated DNA is brought before these courts or the legislature steps in...


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of one week’s FREE access and become a Managing IP member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain 7 days FREE access when you register now.

Join here

profile

Managing IP

ManagingIP

ManagingIP profile

Read the highlights from #INTA16 https://t.co/WFLKa2ZXZA View all five issues of the INTA Daily News! https://t.co/DPSngx8dWf

May 27 2016 02:56 ·  reply ·  retweet ·  favourite
ManagingIP profile

INTA's annual meeting is in Barcelona next year! We spoke to its co-chairs https://t.co/p7aXG4yFg7 #INTA16 https://t.co/0KI7kGrulL

May 25 2016 08:01 ·  reply ·  retweet ·  favourite
ManagingIP profile

Assertive anticounterfeiting in Africa and Asia https://t.co/9hesZvNeak #INTA16

May 25 2016 07:30 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


Read this year's INTA Daily News - published daily by Managing IP direct from the INTA Annual Meeting in Orlando


null null null
null null

May 2016

North America awards: details and photos of the winners

Celebrating outstanding work in IP in the United States and Canada at our annual dinner in Washington DC



Most read articles

Supplements