Genes and Gene Technology

Avoid simple misunderstandings when it comes to the patenting DNA and their defining nucleotide sequences.

As genes are naturally occurring molecules that encode the information for producing all living organisms, their patentability has raised concerns from an ethical viewpoint.  Australian patent law recognises that isolated or purified DNA and their defining nucleotide sequences are patentable inventions, which is consistent with the approach taken in many other countries.  However, these purified or isolated molecules are subject to the same fundamental requirements for patentability as inventions in other areas of technology, in the sense that they must be new, non-obvious and industrially applicable. There has been excitable debate about “Gene Patenting” over the last few years - to the point where editorial and media comment has even claimed that scientists have patents covering individuals’ DNA. This is one of the many myths surrounding this topic and we urge consultation with the Institute when formulating media articles to avoid simple (but sometimes well-entrenched) misunderstandings.

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The Institute of Patent and Trade Mark Attorneys of Australia (IPTA) is the peak professional body representing Australian patent and trade mark attorneys.
Phone Australia: 03 9819 2004. Email: mail@ipta.org.au

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Intellectual Property Issues: Genes and Gene Technology

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