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This is a Bill, not an Act. For current law, see the Acts databases.
PATENT AMENDMENT (HUMAN GENES AND BIOLOGICAL MATERIALS) BILL 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
i Patent Amendment (Human Genes and Biological Materials) Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendment of the Patents Act 1990
3
Patent Amendment (Human Genes and Biological Materials) Bill 2010 No. , 2010 1
A Bill for an Act to amend the Patents Act 1990 to
1
prevent the patenting of human genes and
2
biological materials existing in nature, and for
3
related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Patent Amendment (Human Genes
7
and Biological Materials) Act 2010.
8
2 Commencement
9
This Act commences on the day after it receives the Royal Assent.
10
2 Patent Amendment (Human Genes and Biological Materials) Bill 2010 No. , 2010
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Amendment of the Patents Act 1990 Schedule 1
Patent Amendment (Human Genes and Biological Materials) Bill 2010 No. , 2010 3
Schedule 1--Amendment of the Patents Act
1
1990
2
1 Paragraph 18(1)(a)
3
Repeal the paragraph, substitute:
4
(a) is a manner of manufacture within the full meaning,
5
including the proviso, of section 6 of the Statute of
6
Monopolies; and
7
2 Paragraph 18(1A)(a)
8
Repeal the paragraph, substitute:
9
(a) is a manner of manufacture within the full meaning,
10
including the proviso, of section 6 of the Statute of
11
Monopolies; and
12
3 Subsection 18(2)
13
Repeal the subsection, substitute:
14
(2) The following are not patentable inventions:
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(a) human beings, and the biological processes for their
16
generation; and
17
(b) biological materials including their components and
18
derivatives, whether isolated or purified or not and however
19
made, which are identical or substantially identical to such
20
materials as they exist in nature.
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4 After subsection 18(4)
22
Insert:
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(5) In this section:
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biological materials, in section 18, includes DNA, RNA, proteins,
25
cells and fluids.
26