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