16 October 2015

Please note: we have extended the time period for you to provide comment to Friday 6 November.

On 7 October 2015 the High Court delivered judgement in D'Arcy v Myriad Genetics Inc [2015] HCA 35.

The Commissioner has considered the High Court’s decision.  The decision clearly concludes that a claim to an isolated nucleic acid that merely represents information coding for a polypeptide is not patent eligible.

The High Court unanimously decided that claims 1–3 did not define a manner of manufacture. As a result of this, we are inviting interested parties to comment on The Commissioner’s proposed examination practice.

For information on our proposed examination practice following the high court decision and how to comment on this consultation, please see our public consultation page.

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