Gene Patent Bill

A private members bill seeking to restrict the patenting of genes and related biological material was introduced into parliament last year by Senators Coonan (Lib), Heffernan (Lib), Siewert (Gr) and Xenophon (Ind). The bill is entitled "Patent Amendment (Human Genes and Biological Materials) Bill 2010".

Currently, the Patents Act 1990 explicitly states that “human beings, and the biological processes for their generation, are not patentable”.

The proposed bill seeks to expressly exclude a second category of subject matter from patentability, namely “biological materials” (including DNA, RNA, proteins, cells and fluids) whether isolated or purified or not and however made, which are identical or substantially identical to such materials as they exist in nature.

UWS Innovation & Consulting is preparing a submission to the Senate Inquiry on behalf of the University arguing against the proposed bill. We believe that if the legislative amendment is progressed in its current form, it would have far-reaching and unintended consequences across the biotechnology industry, impacting on those developing novel therapies, tests, vaccines and drug delivery platforms.

Indeed, research at UWS would likely suffer. Researcher Dr. Anya Salih has attracted worldwide attention for her research into novel fluorescent proteins from Australian coral. The genes responsible for fluorescence in the coral have potential for use in wider gene expression research. A ban on gene patenting would likely affect levels of external funding for this and other important gene-related research work.

Submissions to the Senate Inquiry must be lodged by 25 February 2011.