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Patent Amendment (Human Genes and Biological Materials) Bill 2010 [2]

  • - C2011B00012
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
General Comments: A Bill with the same citation was introduced to the previous Parliament on 24 Nov 2010 (see C2010B00278).
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 24 Feb 2011
Introduced HR 21 Feb 2011
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2010‑2011

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

Patent Amendment (Human Genes and Biological Materials) Bill 2010

 

No.      , 2010

 

(Mr Dutton, Mr Oakeshott, Mr Forrest and Mr Turnbull)

 

 

 

 

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                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendment 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 includes DNA, RNA, proteins, cells and fluids.