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AUSTRALIA

Biotechnology and Chemical Inventions
Software and Business Method Inventions

Biotechnology and Chemical Inventions

AUSTRALIA

Patentable Subject Matter

Method of medical treatment claim

Yes.

Use claim

Yes.
e.g. a) "Use of compound X for treatment of disease Y."
b) "Pharmaceutical composition for use in treatment of disease Y, comprising X."
c) "Use of compound X for preparation of a medicament for treatment of disease Y."

Transgenic plant or animal claim

Yes.

Percentage of DNA/protein sequence identity claim

Yes.
e.g. "A nucleic acid molecule comprising (SEQ ID NO:1) or a nucleic acid molecule comprising at least X% sequence identity to (SEQ ID NO:1)."

DNA hybridization claim

Yes.
e.g. "A nucleic acid molecule comprising (SEQ ID NO:1) or a nucleic acid molecule that hybridizes to (SEQ ID NO:1) under stringent hybridization conditions."

Expressed sequence tag claim

Yes. As a nucleic acid per se. Full length nucleic acid for encoded gene may be encompassed by a claim to EST sequence if defined as “a nucleic acid comprising (SEQ ID NO 1)". Also, must meet requirement of novelty, inventive step and utility.

Single nucleotide polymorphism claim

Yes.

Diagnostic method

Yes.

Is chemical species patentable over prior art disclosure of genus

Yes. If a selection of members from genus, members must have an advantage over the genus, all the members must share the advantage and the advantage must be particular to the selection.


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Nucleic Acids, Amino Acids and Deposits

Biological deposits in accordance with the Budapest Treaty

Yes. Deposit must be made before filing a complete Australian patent application, or before filing a PCT application from which an Australian National phase application is based.

Can biological deposit of DNA be used to correct DNA sequence errors

Possibly. Not yet tested in court. A deposit may satisfy a full description requirement.

Requirement for electronic copy of sequence listing

Optional. An Examiner may, in some cases, request a sequence listing to be filed.

Does patent issuance trigger a deadline to a list patent on a "U.S. Orange Book" type patent register?

No.

Does patent issuance trigger government review of medicine price?

No.



Contributor:
Paul Warden-Hutton
pwardenhutton@fak.com.au
Verifier:
James Cherry
james.cherry@freehills.com

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