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ARTICLE · 17 JUNE 2020

Patenting proteins: an Australian perspective

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The level of disclosure required to support & enable a claim to a polypeptide will depend on several factors discussed here.

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Biological molecules, including polypeptides and, in some cases, nucleic acids, can be patented under Australian law. The level of disclosure that is required to support and enable a claim to a polypeptide will depend on several factors, including:

  1. the identity of the person skilled in the art;
  2. the information disclosed in the specification;
  3. the function of the polypeptide; and
  4. the specific sequence being claimed.

This article briefly describes how each of these factors contributes to the determination of a claim's scope under Australian practice.

The person skilled in the art

In considering whether a claim is sufficiently enabled, the Australian Patent Office will ask:

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Shelston IP ranked one of Australia's leading Intellectual Property firms in 2015.

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