The High Court will hear oral argument in the D’Arcy v. Myriad Genetics Inc & Anor appeal on Tuesday, 16 – Wednesday, 17 June 2015 before all 7 High Court Justices. The High Court will consider the scope of s6 of the Statute of Monopolies and whether the BRACA1 gene, an isolated nucleic acid, is patent eligible subject matter.
Recently the Institute of Patent and Trade Mark Attorneys of Australia (IPTA) applied to intervene amicus curiae, seeking to invoke a Constitutional argument, namely, that the Patents Act should be construed to have the full reach of s51(xviii) of the Constitution. The Commonwealth has opposed IPTA’s intervention stating that acceptance of IPTA’s argument would constitutionalise patent proceedings.
A full report will be posted on The Decoder after oral argument.