Myriad beyond the United States

Myriad---Picture

Tom Gumley investigates the patent eligibility of genes in Australia, New Zealand and South East Asia.

This article discusses the patent protection of isolated, naturally occurring nucleic acids in Australia, New Zealand and a number of South East Asian countries. In these jurisdictions there is no express exclusion of these molecules as patent eligible subject matter. This suggests that patent strategy for the protection of these molecules commonly implemented before the US Supreme Court in Myriad should remain applicable in these countries.

Background

On June 13, 2013, Jim Greenwood, CEO of BIO stated in relation to the Supreme Court decision regarding Myriad’s patents: “The United States is now the only developed country to take such a restrictive view of patent eligibility, signaling an unjustified indifference towards our global economic and scientific leadership in the life sciences”.

So what is the legal position in developed countries other than the US? Is a naturally occurring gene, whether isolated or not, patentable eligible? That’s the question that we consider here, at least insofar as Australia, New Zealand and South East Asian countries are concerned. Request a free trial to read more.