IP Australia issues revised examination practice after High Court decision

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IP Australia has this week issued revised examination practice guidance, following the High Court’s decision on appeal of D’Arcy v Myriad Genetics, which made isolated gene sequences no longer patent eligible under Australian law.

IP Australia has conducted a consultation – to which AusBiotech made a submission - and issued the revised guidelines to account for the decision. The new guidance can be found at the IP Australia website.

IP Australia advise that the “practice reflects the law as understood by the Commissioner of Patents to apply to the examination of patents and is intended to inform examiners pending the inclusion of guidance in the Manual of Practice and Procedure… This practice applies immediately to pending applications and changes to the Manual of Practice and Procedure will be made on 11 January 2016.”