D’Arcy v Myriad genetics: the impact of the high court’s decision on the cost of genetic testing in Australia

This occasional paper is the result of a study funded by IP Australia looking into the effects of the High Court’s decision in D’Arcy v Myriad Genetics [2015] HCA 35 on the cost of genetic diagnostic testing in Australia. The High Court handed down its decision on 7 October 2015, and this study sought to ascertain whether there is any basis to conclude that the decision, which invalidated Myriad’s patent over the BRCA gene, has had a discernible impact on the cost of testing. In addition to reviewing the extensive literature that has amassed in relation to patents and their impact on genetic diagnostic testing, the project involved detailed analysis of relevant case law and interviews with those involved in genetic testing in Australia.