Submission to the Senate Standing Committee on Legal and Constitutional Affairs Inquiry into Patent Amendment (Human Genes and Biological Materials) Bill 2010 Chris Dent, Intellectual Property Research Institute of Australia February 2011 Contact Details The contact for this submission is: Dr Chris Dent, Senior Research Fellow, IPRIA Phone: (03) 8344 1134 Fax: (03) 8344 2111 Email:
[email protected] WEBSITE : www.ipria.org 1. Introduction The Senate Standing Committee on Legal and Constitutional Affairs has asked for submissions for its Inquiry into the Patent Amendment (Human Genes and Biological Materials) Bill 2010 (the Bill). I offer a summary of the results of some of my research at IPRIA in the hope that the Committee will find them useful. 1 I should note at the outset, the focus of my work in this area has been historical; as such, this submission is aimed only at the proposed amendment to s. 18(1)(a) of the Patents Act 1990 (and by implication the amendment to s. 18(1A)(a)). In short, I do not think that the apparently expanded role of s. 6 of the Statute of Monopolies 1624 (the Statute) will add clarity to patent practice today – on the basis that there is no evidence that there was a clear distinction between invention and discovery in the early 17 th century. An exploration of the political, economic and “technological” context of the Statute, and the evidence we have of its use, will demonstrate the drafters of the Statute did not mean the same thing as the drafters of the Bill seem to think they meant.