Abstract
The High Court in D’Arcy v Myriad Genetics Inc. recently addressed patent claims under the Patents Act 1990 (Cth) to deoxyribonucleic acid (DNA) sequences set out in tables listing nucleotides as As, Ts, Gs and Cs finding they are unpatentable. This was a significant development given DNA sequences have been patentable for decades. This article reviews the High Court’s various judgements highlighting the introduction of ambiguities to the current subject matter standards and providing a critique of the High Court majority’s assessment of DNA sequence as ‘information’. The article concludes that the High Court majority has introduced an unhelpful conception of ‘information’ as a standard for patentability. While this will limit claims to DNA and other nucleic acid sequences, the broader effect of the decision is uncertain because the High Court majority’s conception of ‘information’ could be applied to any matter (including all molecules) and eviscerate the patent system.
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