Centre for Law and Genetics

Intellectual Property and Diagnostics


Funding Source: IP Australia

Commencement date: 2017

Project Status: Current

Project Summary

This project was commissioned by IP Australia in response to the 2015 High Court of Australia decision in the case of D’Arcy v Myriad Genetics. The case concerned the patentability of DNA sequences (in particular, sequences over the BRCA gene) in Australia, but had broader implications for patentability in the genetic diagnostic testing area. This project attempted to analyse whether the decision has had a discernible impact on the cost of genetic diagnostic testing. The methodology for the project involved analysis of relevant case law, literature reviews and interviews with stakeholders in the genetic diagnostic testing sector.

Project Outcomes

In summary, it was concluded that there are a number of factors that have impacted on the cost of genetic diagnostic testing over the previous decade, and that it is very difficult to attribute any reduction in cost to one particular factor, including the D’Arcy decision. The outcomes will be published during 2018/2019.