AU Patent Attorney Practice Questions - Australian Patent Attorney Registration Examinations (TTIPAB) Exam

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In D'Arcy v Myriad Genetics Inc [2015] HCA 35, the High Court of Australia held that an isolated nucleic acid coding for the BRCA1 protein was:

A patentable manner of manufacture because isolation involves human intervention Patentable only if the claim was limited to a diagnostic method Not a manner of manufacture because the substance of the claim was genetic information existing in nature Patentable as a microorganism under the Budapest Treaty

Correct Answer:

Not a manner of manufacture because the substance of the claim was genetic information existing in nature

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