Friday the 13th proved lucky for those opposed to gene patents in Australia with the High Court (equivalent to the US Supreme Court) granting a special leave application to appeal the decision of the Full Court of the Federal Court, which unanimously confirmed the patentability of isolated genes in Australia. Commentary in relation to the Full Court decision can be found here.
Today's decision means that the High Court will provide a definitive judgment in relation to the patentability of isolated genes in Australia, which the lower courts have unanimously found to be patentable.
A decision from the High Court is expected sometime this year and Shelston IP will keep you updated in this regard.
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