30 March 2010

United States - Judge Invalidates Human Gene Patent

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Here's an interesting article from the New York Times. There is no established legal precedent in Australia against the validity of a patent for a method of isolating a gene. On the other hand, the mere discovery of the gene would not be patentable.

Judge Invalidates Human Gene Patent - NYTimes.com

Somewhat related, our courts have held that there is no justification in law or logic to distinguish a process of curative treatment of the human body from that of cosmetic treatment, and that both of these forms of treatment may constitute a manner of manufacture (that is, proper subject matter) provided they have commercial application.

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