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D'Arcy v Myriad Genetics Inc [2015] HCA 35: The plurality's new factorial approach to patentability rearticulates the question asked in NRDC
Citation
Bartlett, W, D'Arcy v Myriad Genetics Inc [2015] HCA 35: The plurality's new factorial approach to patentability rearticulates the question asked in NRDC, Journal of Law and Information Science, 24, (1) pp. 120-143. ISSN 0729-1485 (2016) [Refereed Article]
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Abstract
This case note analyses the High Court's recent landmark decision in D'Arcy v
Myriad Genetics Inc [2015] HCA 35. In three separate judgments ultimately united
on the result, the High Court held that patent clatms to tsolated human DNA used in
testing for breast cancer were not a 'manner of manufacture' within the meaning of s 6
of the Statute of Monopolies. The claims were therefore not patent-eligible subject
matter in Australia. It is submitted that the pluraltty's new factorial approach to
patentability for new classes of claims rearticulates the approach propounded in the
High Court's seminal decision in NRDC. D'Arcy's new guiding factors therefore
rea1ign the subject matter inquiry with its true nature, which turns on, in the
plurality's words, the 'historically contingent concepts of patent and invention'. The
note concludes by examining three of tlie most pressing consequences of D'Arcy's
reasoning for Australian patent law.
Item Details
| Item Type: | Refereed Article |
|---|---|
| Research Division: | Law and Legal Studies |
| Research Group: | Law |
| Research Field: | Human Rights Law |
| Objective Division: | Expanding Knowledge |
| Objective Group: | Expanding Knowledge |
| Objective Field: | Expanding Knowledge in Law and Legal Studies |
| Author: | Bartlett, W (Mr William Bartlett) |
| ID Code: | 114372 |
| Year Published: | 2016 |
| Deposited By: | Law |
| Deposited On: | 2017-02-14 |
| Last Modified: | 2017-02-23 |
| Downloads: | 0 |
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