Inspire September 2021
8 Full Federal Court
confirms diagnostic
methods can be
patented in Australia
In the recent appeal decision in Ariosa v Sequenom 1 , the Full
Federal Court of Australia confirmed that a method of ‘yielding
up’ information was eligible to be patented. This is significant
because it is contrary to the position taken by the Courts in the US.

However, despite the method being patent-eligible, the information
obtained from the method was held not to be a product, and
therefore could be imported without infringing the patent.

1 Ariosa Diagnostics, Inc v Sequenom, Inc [2021] FCAFC 101