Cancer gene not a ‘patentable invention’, says Australian High Court

The High Court of Australia orders that the genetic material, BRCA1 is not a “patentable invention” under Section 18(1)(a) of the Patents Act 1990. lawzmag.comHolding that allowing the gene to be patented would “involve an extension of the concept of a manner of manufacture,” the court said that this question was not “appropriate for judicial determination.” The court further decided that because of the far-reaching public policy effects present in the case the question is best left for “legislative determination.” The decision is expected to have broad implications for cancer research. This decision overturned the Federal Court’s decision.

                                              

One thought on “Cancer gene not a ‘patentable invention’, says Australian High Court”

  1. gareema says:

    Foreign< India

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