US court ruling on gene patenting
31 Mar 2010
On 29 March 2010, the New York district court ruled that certain patents relating to breast and ovarian cancer genes BRCA1 and 2 are invalid.
The decision by Judge Sweet relates to the US Patents Act. It has no immediate impact in Australia.
IP Australia notes that the patent owner in the case, Myriad Genetics, is reported to have indicated an intention to appeal the decision. IP Australia is studying the legal issues raised in the decision, and will take into account any appeal within the US system. IP Australia will then advise the Government on any implications for Australian patent law.
Last Updated: 28/11/2012