gene patent reform on the agenda

24 November 2011

The Government has released its response to three reports into Australia's patent system and gene patents stating that the keys aims are to provide patent protection for innovators and researchers while ensuring reasonable access to new technologies and medical treatments. Partner Andrew Nicholson reports on the development.

Minister for Innovation Senator Kim Carr stated, "The response is designed to give confidence to the significant investments in biotechnology innovation and research and development. It will also ensure that patients will not be denied reasonable access to affordable treatments and essential diagnostic tests through inappropriate use of the Patents Act." 

"We need the incentives provided by the patent system to encourage the development of new technologies. But this Government will not allow patent owners to block reasonable access to affordable medical treatments and essential diagnostic tests, nor to stifle legitimate research." 

The relevant reports were the Senate Community Affairs Committee inquiry into gene patents, the Advisory Council on Intellectual Property review of patentable subject matter and the Australian Law Reform Commission report.  

Many of the endorsed recommendations are included in the Intellectual Property Raising the Bar Bill introduced into the Senate on 22 June. The Bill provides for a number of changes to raise the standards for grant of a patent thereby realigning Australia's patent law with global trends regarding standards for patentability. 

The Government's response addresses community concerns about gene patents including concerns over patient and research access while, at the same time, ensuring a patent system that will encourage development of new biotechnologies. 

For more information about this or any IP related matter, please contact:

Andrew Nicholson | Partner
Mullins Lawyers
t +61 7 3224 0261 
f +61 7 3224 0333 
anicholson@mullinslaw.com.au