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Australian IP law updates

Firm updates & Legal developments

A big year for manner of manufacture

The High Court of Australia has recently confirmed that methods of medical treatment of the human body are patentable subject matter.  This decision from the highest Court in the land confirms earlier decisions of lower Courts who, since the famous Rescare case in the early 1990s, have been comfortable with this sometimes controversial area of patentability.

I have printed off the 109 page decision (double sided and two sheets to a page, of course) and can hardly wait to read it.  I’ll post a more informed update shortly.  Should you want to read it as well, the full decision can be found here:

https://jade.barnet.com.au/Jade.html#!article=306795

This rounds off a big year for “manner of manufacture” (patentable subject matter) decisions in Australia – isolated genes were held to be patentable subject matter and there were two apparently conflicting decisions regarding the patentability of IT-based inventions.  I understand that all three of these decisions are currently under appeal, so 2014 is shaping up to be another exciting year.  Stay tuned…

Andrew Jones