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A Bill for an Act to amend the Patents Act 1990 to prevent the patenting of human genes and biological materials existing in nature, and for related purposes
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Registered 29 Nov 2010
Introduced Senate 24 Nov 2010

2010

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Patent Amendment (Human Genes and Biological Materials) Bill 2010

 

No.      , 2010

 

(Senators Coonan, Heffernan, Siewert and Xenophon)

 

 

 

A Bill for an Act to amend the Patents Act 1990 to prevent the patenting of human genes and biological materials existing in nature, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendment of the Patents Act 1990                                               3


A Bill for an Act to amend the Patents Act 1990 to prevent the patenting of human genes and biological materials existing in nature, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Patent Amendment (Human Genes and Biological Materials) Act 2010.

2  Commencement

                   This Act commences on the day after it receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendment of the Patents Act 1990

1  Paragraph 18(1)(a)

Repeal the paragraph, substitute:

                     (a)  is a manner of manufacture within the full meaning, including the proviso, of section 6 of the Statute of Monopolies; and

2  Paragraph 18(1A)(a)

Repeal the paragraph, substitute:

                     (a)  is a manner of manufacture within the full meaning, including the proviso, of section 6 of the Statute of Monopolies; and

3  Subsection 18(2)

Repeal the subsection, substitute:

             (2)  The following are not patentable inventions:

                     (a)  human beings, and the biological processes for their generation; and

                     (b)  biological materials including their components and derivatives, whether isolated or purified or not and however made, which are identical or substantially identical to such materials as they exist in nature.

4  After subsection 18(4)

Insert:

             (5)  In this section:

biological materials, in section 18, includes DNA, RNA, proteins, cells and fluids.