Australia High Court to tackle Myriad

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Australia High Court to tackle Myriad

The Australia High Court will look into the patentability of isolated genetic molecules

The patent at the centre of the dispute (Australian patent 686004, held by Myriad Genetics) covers the isolated BRCA1 gene and is the Australian analogue of the patent that was struck down by the US Supreme Court.

Cancer Voices Australia challenged the validity of the patent, arguing that the isolated molecules were not materially different from the ones found in nature and thus the patent does not meet the manner of manufacture requirement. The Federal Court, as well as the Full Federal Court on appeal, sided with Myriad Genetics.

According to practitioners, the different conclusions reached by the Australian Full Federal Court and the US Supreme Court stemmed largely from their differences in approach. While the US Supreme Court looked largely at the information contained within the gene, the Australian court focused on the structure and the functioning of the isolated molecule.

See here for Managing IP’s analysis of the Full Federal Court’s decision.

more from across site and SHARED ros bottom lb

More from across our site

News of Dolby suing Snap over AV1 and HEVC patents and SCOTUS offering guidance on the liability of internet service providers were also among the top talking points
Arrival of Caitlin Heard will bolster the soon-to-be-created Ashurst Perkins Coie’s IP presence in the capital
AI, cybersecurity and data practice group will provide clients with legal guidance around AI alongside a 'deep technical foundation’ in IP
Lawyers at Vondst and Biopatents say a ruling concerning the protected status of trade secrets could see the UPC flooded with requests to prevent access to confidential information
Sharad Vadehra of Kan & Krishme discusses why older IP firms still have an edge over up-and-coming boutiques and how the firm is using AI to provide quick and cost-effective service
Lawyers at Appleyard Lees share how they picked apart a plant breeder’s infringement claims concerning the ‘Tango’ mandarin
A further decision on long-arm status, and a new hire for Pentarc in Germany from Taylor Wessing were also among top developments
The US decision marks a rare grant of a request under the Uniform Fraudulent Transfer Act in a patent case
Stobbs has applied to strike out a contempt of court application filed against the firm and two of its lawyers
With trademark volumes surging, trademark teams need to think beyond traditional clearance searches, towards a continuous, intelligence-led workflow, says Meghan Medeiros of Corsearch
Gift this article