Australia: Human embryo precursor found patentable

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: Human embryo precursor found patentable

Recently, the Australian Patent Office has allowed a patent application for an unfertilised ovum in an application directed to the parthenogenic activation of human oocytes for production of human stem cells.

Under our Patents Act, human beings and biological processes for their generation are specifically excluded from patentability.

In International Stem Cell Corporation [2016] APO 52, while the Patent Office Hearing Officer emphasised that a fertilised ovum and subsequent manifestations are excluded from patentability, the Officer found that as the precursor blastocyst did not have the potential of itself to lead to the birth of a human, it could not claim the status of a human being and was therefore patentable.

This represents a significant reading down of the sections of our Patents Act directed to exclusion of biological processes for human generation, opening up a broad scope for seeking protection in this area.

Peter Treloar


Shelston IPLevel 21, 60 Margaret StreetSydney NSW 2000, AustraliaTel: +61 2 9777 1111Fax: +61 2 9241 4666email@shelstonip.comwww.shelstonip.com

more from across site and SHARED ros bottom lb

More from across our site

New filing data suggests Germany's grip on UPC litigation remains strong, while Bardehle Pagenberg, Arnold Ruess, Hogan Lovells and Carpmaels notch up notable cases
In 27 years, KASS has expanded to seven countries in southeast Asia and is now eyeing further growth opportunities. Its CEO shares her perspective
Mine Güner discusses bridging law and business, taking the initiative, and why Taylor Swift helped put copyright on the map
Cindy Goh discusses why she launched Cheang & Ariff's IP department, the improving litigation environment in Malaysia and what to consider when using AI
Increased focus on adding patent litigation depth to the firm’s Dallas office was behind the boutique’s most recent hires
IPH's Canadian acquisitions are paying off on paper, but a couple of strong years may not be enough to show that the group's strategy has truly won over the market
Examiner statistics could help patent prosecution practitioners tailor strategies, turning an area of high variability into a potential competitive advantage
The England and Wales High Court’s ruling in Accord v Novartis may not rewrite the law on plausibility, but it does signal a pragmatic approach that could provide greater certainty for life sciences innovators
Firms with established sports relationships and specialised expertise are well positioned to capture the market’s expanded pool of IP work
Gunjan Paharia discusses developing RIA, an AI platform built to draw on decades of institutional knowledge, support junior lawyers, and reshape how legal teams work
Gift this article