Will the Gene Patent debate force changes to the Australian Patent system?

Introduction

We previously reported that the Australian biotechnology/pharmaceutical patent landscape was in a state a flux. At that time, we were awaiting the recommendations of a Senate Inquiry into the patenting of genes and biological materials. Since then, the recommendations of that Inquiry have been made public. In addition, there have been a number of other significant developments that we believe will inevitably result in significant changes to the patent system in Australia.

Below we discuss the following:

• The Senate Committee on Community Affairs Inquiry into Gene Patents, November 2010;
• The Advisory Council on Intellectual Property (ACIP) Report on Patentable Subject Matter, February 2011;