High Court of Australia

D'Arcy v Myriad Genetics Inc [2015] HCA 35

7 Oct 2015

Case Number: S28/2015


French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJ


Intellectual property – Patents – Patents Act 1990 (Cth) – Patentable subject matter – Patent claimed isolated nucleic acid coding for BRCA1 protein with specified mutations or polymorphisms indicative of susceptibility to cancer – Whether invention claimed is a patentable invention under s 18(1)(a) of Patents Act 1990 (Cth) – Whether invention claimed is a "manner of manufacture" within meaning of s 6 of Statute of Monopolies – Whether sufficient that invention claimed is artificially created state of affairs of economic significance – Utility of "artificially created state of affairs" criterion – Factors relevant to whether new class of claim falls within concept of manner of manufacture.

Words and phrases – "artificially created state of affairs", "isolated nucleic acid", "manner of manufacture", "naturally occurring", "patentable invention", "product of nature".

Patents Act 1990 (Cth) – ss 18(1)(a), 40(2)(b).

Statute of Monopolies (21 Jac I c 3) – s 6.
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