Vaccines & Vaccination

Biography

Biography: Simon John Potter

Abstract

The eligibility of certain biotechnological inventions for patent protection has come under intense scrutiny in recent years, both in Australia and the United States (US). For example, the patent eligibility of biological substances has been subject to judicial review in both countries by virtue of the various Myriad Genetics cases. In the US, the Myriad litigation and other judicial decisions (e.g. Mayo v Promotheus) have culminated in a less favourable environment for applicants seeking patent protection for certain types of biological inventions. In contrast, the Australian courts in considering the Myriad cases have, at least thus far, delivered a favourable outcome for patent applicants in Australia. However, the High Court of Australia (HCA) recently granted special leave to appeal the earlier decision of the Full Federal Court (FFC) on the Myriad cases, a development that raises uncertainty as to the longevity of the FFC’s decision. The HCA is expected to provide its decision in late 2015. This oral presentation will provide an overview of the current positions in Australia and the US relating to the patent eligibility of biotechnological inventions, as relevant to vaccines and other similar technologies.