Tag Archives: Patent Law

Australian Full Federal Court Upholds Myriad Gene Patent

by Shawn Sullivan Posted on September 5, 2014

Today, in D’Arcy v Myriad Genetics Inc [2014] FCAFC 115, the Full Court of the Federal Court of Australia upheld the validity of Myriad Genetics’s Australian patent on methods and materials relating to the human  gene known as BRCA1. THE BRCA1 GENE. … Continue reading →

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Indian IP Board Upholds Rejection of Plant Stress Tolerance Patent

by Shawn Sullivan Posted on August 21, 2013

On July 5, 2013, the Indian Intellectual Property Appellate Board affirmed a decision of the national patent office to deny Monsanto Company’s application for a patent covering “a method of producing a transgenic plant, with increasing heat tolerance, salt tolerance or … Continue reading →

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US Supreme Ct: Naturally Occurring DNA is Unpatentable Product of Nature

by Shawn Sullivan Posted on June 13, 2013

Today, the U.S. Supreme Court ruled that naturally occurring DNA is a product of nature and, as such, is not patentable. Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398 (U.S. June 13, 2013). However, according to the Court, … Continue reading →

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Australian Federal Court Upholds Human Gene Patent

by Shawn Sullivan Posted on February 28, 2013

A judge of the Federal Court of Australia held that naturally-occurring DNA and RNA sequences isolated from the human body may be patented under Australian law. Cancer Voices Australia v. Myriad Genetics Inc. [2013] FCA 65 (Austr. Fed. Ct. Feb. 15, … Continue reading →

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European Parliament Committee Adopts Biopiracy & Intellectual Property Report

by Shawn Sullivan Posted on December 7, 2012

On December 6, 2012, members of the European Parliament Development Committee voted to adopt a report that condemned, and proposed solutions to, “biopiracy”–the exploitation of indigenous knowledge or genetic resources of a developing country without permission or sharing in benefits … Continue reading →

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