High Court re-invents the test for patentable subject matter and finds the patent for the isolated breast cancer gene invalid

The High Court has handed down a significant decision finding that patent claims for isolated gene sequences, indicative of a predisposition to breast cancer, are not patentable subject matter. The decision can be found here (a one page summary has also been published by the High Court). The decision overturns the unanimous decision of the read more...
Subjects: Patents

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Software Patents Strike Back – RPL Central v Commissioner of Patents

It’s been a busy year in software patents, all over the world. We’ve had decisions on this issue in Australia, headlined by Research Affiliates in February, and in the US the Federal Circuit split 5:5 in a case concerning an Australian company, Alice v CLS Bank in April. More recently, the New Zealand parliament passed read more...
Subjects: Patents

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Just genes? Lessons from the Myriad litigation

Last month the United States Supreme Court ruled that certain naturally occurring DNA sequences (the BRCA1 and BRCA2 genes, mutations in which are associated with a significantly increased risk of ovarian and breast cancer) were a product of nature that were not rendered patentable by virtue of being isolated from the rest of the genome.  read more...