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ARTICLE · 06 NOVEMBER 2016

Exactly what gene-based inventions are patentable in Australia?

In 2015, the High Court of Australia ruled against the patentability of isolated human genes.

AustraliaIntellectual Property

Recently, we reported on an Australian Patent Office decision – Arrowhead Research Corporation [2016] APO 70 (13 October 2016) (Arrowhead decision), which confirmed that gene-based pharmaceuticals, namely interfering RNA (iRNA) compositions, do represent patentable subject matter in Australia. This decision sets a significant legal precedent in relation to the patentability of iRNA compositions, which were previously considered to be patent ineligible. It also, however, provides important guidance in relation to the patentability of other gene-based inventions. This article considers the broad implications of the Arrowhead decision for the patentability of gene-based inventions generally in Australia.

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