Diagnostic methods patentable in Australia

In Ariosa Diagnostics Inc v Sequenom Inc [2021] FCAFC 101, the Full Federal Court of Australia (Full Court) confirmed the patentability of genetic based diagnostic method claims. As with other cases involving genetics,¹ the question of patentability turned on drawing a distinction between naturally occurring phenomena and the practical application of such phenomena.

The decision affirms the established position in Australia that diagnostic methods that relate to the practical application of naturally occurring genetic information, rather than naturally occurring phenomena per se, are patentable. While from an Australian perspective the decision is rather unsurprising, it provides a timely reminder of the differences that can arise between major jurisdictions on the question of patentable subject matter. The decision also provides guidance on what amounts to a "product resulting from the use" of a method claim.