Scoping study of the application of patenting requirements to plant and animal genetic material and processes in Australia

Summary

​
Genetic markers, DNA related diagnostic tests and processes for identifying desirable breeding traits in animals and plants are dependent on the use of techniques that have become standard practice in Australia and overseas. The granting of patents over these technologies and over specific markers and sequences potentially reduce the ability of the animal and plant industries to develop and use these techniques on which they are currently basing their future productivity development.
This study has identified a number of the issues that are relevant to Meat & Livestock Australia (MLA) both as a user of other people's patented material and as an owner of patents. In assessing its response to the issues, MLA was advised to analyse the impact on a case by case basis from the user and producer perspectives. Changes that may operate to the advantage of users of patents may limit commercial viability for a patent owner. Most of the issues identified by the study for further consideration should benefit both users and producers, as they relate to more effective operation of the patent system to ensure that it is meeting policy objectives of encouraging innovations, making them available sooner for the benefit of the community, while providing a commercial return for the inventor.
.