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ARTICLE · 30 NOVEMBER 2011

Inevitable change to the Australian Gene Patent System progresses

Government tables its response to Senate Gene Patents Report and previous reports into gene patenting in Australia.

AustraliaIntellectual Property

Summary

On 23 November 2011, the Federal Government tabled its combined response addressing the recommendations of the Senate Gene Patents Report (November 2010) and a number of previous reports into gene patenting and patentable subject matter in Australia. In their response, the Government endorsed a number of recommendations which aim at increasing the quality of granted patents in Australia. Significantly, the Government also supported recommendations not to exclude the patenting of genes and biological material.

Background

In November 2010, the Community Affairs References Committee Gene Patents Report was tabled. This Report made a number of recommendations in relation to improving patent quality and the operation of the patent system. Most significantly, the Report made no recommendation that the Patents Act 1990 be amended to expressly prohibit the patenting of genes/biological materials. A copy of this report can be viewed at: http://www.aph.gov.au/sena

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