Lower Court Judgment
5/09/2014 Federal Court of Australia (Allsop CJ, Dowsett J, Kenny J, Bennett J, Middleton J)
Catchwords
Intellectual Property – Patents – Requirements for a valid patent – Human beings and their biological processes – s 18(1)(a) of the Patents Act 1990 (Cth) – Where appellant submitted that the Full Court of the Federal Court erred in holding that each of claims 1 -3 of Australian Patent No 686004 claimed a patentable invention being a manner of manufacture – Australian Patent No 686004 is described as the identification of “a human breast and ovarian cancer disposing gene (BRCA1)” – Whether claims 1 – 3, which relate to isolated nucleic acid, are claims for a manner of manufacture for the purposes of s 18(1)(a) of the Patents Act 1990 (Cth).
13/02/2015 Hearing (SLA, Sydney)
27/02/2015 Notice of appeal
10/03/2015 Written submissions (Appellant)
10/03/2015 Chronology (Appellant)
13/03/2015 Summons seeking leave to intervene as amicus curiae (Institute of Patent and Trade Mark Attorneys of Australia - seeking leave to intervene)
24/03/2015 Written submissions (First Respondent)
31/03/2015 Notice of Constitutional Matter (Institute of Patent and Trade Mark Attorneys of Australia)
31/03/2015 Written submissions (Institute of Patent and Trade Mark Attorneys of Australia - seeking leave to intervene)
07/04/2015 Reply
26/05/2015 Written submissions (Attorney-General of the Commonwealth intervening)
16/06/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
17/06/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
07/10/2015 Judgment (Judgment summary)