On Tuesday 16th September, an application for special leave to appeal to the High Court was made on behalf of Yvonne D’Arcy, the appellant in the recent Myriad decision of the Full Federal Court. The submissions claim that the Federal Court was wrong to decide that the process of isolating the gene from the human body constituted a form of manufacturing something that was patentable.
An application for special leave to the High Court is generally only successful if a significant error in law was made by the judges hearing the preceding case. An example of a significant error of law includes applying an incorrect principle of law.
We will keep you advised on the result of the application for special leave.