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 2025

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

IP lawyers at three firms reflect on how courts across Australia have reacted to AI use in litigation, and explain why they support measured use of the technology
AJ Park’s owner, IPH, announced earlier this week that Steve Mitchell will take the reins of the New Zealand-based firm in January
Chris Adamson and Milli Bouri of Adamson & Partners join us to discuss IP market trends and what law firm and in-house clients are looking for
Noemi Parrotta, chair of the European subcommittee within INTA's International Amicus Committee, explains why the General Court’s decision in the Iceland case could make it impossible to protect country names as trademarks
Inès Garlantezec, who became principal of the firm’s Luxembourg office earlier this year, discusses what's been keeping her busy, including settling a long-running case
In the sixth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Futures, a network for early-career stage IP professionals
Rachel Cohen has reunited with her former colleagues to strengthen Weil’s IP litigation and strategy work
McKool Smith’s Jennifer Truelove explains how a joint effort between her firm and Irell & Manella secured a win for their client against Samsung
Tilleke & Gibbins topped the leaderboard with four awards across the region, while Anand & Anand and Kim & Chang emerged as outstanding domestic firms
News of a new addition to Via LA’s Qi wireless charging patent pool, and potential fee increases at the UKIPO were also among the top talking points
Gift this article