Australia Holds The Line On Patent Eligibility Of Diagnostic Methods

In a decision underscoring that the U.S. stands (nearly) alone in holding most diagnostic methods to be not eligible for patenting, the Federal Court of Australia upheld Sequenom's Australian patent directed to prenatal diagnostic methods that involve detecting fetal DNA in maternal blood samples. Those working to reform U.S. patent eligibility law might want to consult this decision for guidance. 

The Australian Court Decision

The Australian court rejected arguments based on U.S. patent eligibility law, which it criticized for being based on a "dissection of the claims into their constituent parts," which the court noted "has no place under Australian law." 

Contrary to the Federal Circuit's view of the corresponding U.S. claims, the Australian court explained its patent eligibility finding as follows: