Aussie Court Upholds Myriad's Breast Cancer Gene Patent

Law360, New York (February 15, 2013, 3:51 PM EST) -- An Australian court on Friday found Myriad Genetics Inc.’s patent covering an isolated human gene associated with breast and ovarian cancer is valid, finding that the separation of the genetic material from its natural environment constitutes an artificial state of affairs, and is therefore patentable. 

In a first of its kind ruling in Australia, Federal Court Justice John Nicholas found that although naturally occurring DNA and RNA inside cells in the human body can not be patented under Australian law, Myriad’s patent instead covers DNA and...
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