Proposed patents objects clause and patentability exclusion

Overview

In November 2011, the Government responded to three reports on gene patents and patentable subject matter: 

• Senate Community Affairs References Committee Gene Patents Report 
• Advisory Council on Intellectual Property report Patentable Subject Matter 
• Australian Law Reform Commission report Genes and Ingenuity: Gene Patenting and Human Health.  

The Government accepted recommendations to amend the Patents Act 1990 to introduce: 

•  an objects clause to assist in the interpretation of the Act, and  

• an exclusion from patentability for inventions, the commercialisation of which would be considered wholly offensive by the Australian public. 

A consultation paper was released to encourage discussion and seek views on the proposed amendments and responses to the questions posed in the paper.