Key Points:
Isolated naturally occurring DNA or RNA sequences can be
patentable under Australian law.
The Federal Court has clarified the position of so-called
"gene patents" under Australian law. Cancer Voices
Australia v Myriad Genetics Inc [2013] FCA 65 is the first
Australian decision to consider the patentability of isolated
naturally occurring DNA or RNA sequences. The case confirms that,
when isolated from their natural environment, these sequences can
be patentable under Australian law. The case provides welcome
certainty, although public debate is likely to continue.
The BRCA1 gene and the patent
Whether genetic material ought to be patentable has long been
the subject of debate both in Australia and overseas. This case
related to certain claims of an Australian patent owned by US based
molecular diagnostics company Myriad Genetics Inc. Myriad's
patent relates to the BRCA1 gene, which is what is known as a
breast and ovarian cancer disposing gene. A
