Legislating to Exclude Gene Patents: Difficult and Unhelpful, or Useful and Feasible?
22(1) Journal of Law, Information and Science 32, 2012
23 Pages Posted: 11 Oct 2014
Date Written: December 3, 2012
The question of whether or not “genes” should be eligible for patent protection continues to be a cause of significant tension around the world in academic, policy and commercial contexts, as well as in the media and other public forums, for wide-ranging reasons. The primary focus of this paper is an analysis of a recent attempt in Australia to use legislative means to exclude from patent eligibility isolated nucleotide and polypeptide sequences that are similar to those that exist in nature.
Keywords: Patents, gene patents, commercial, research
JEL Classification: O33, O34
Suggested Citation: Suggested Citation