Newsletter of

the Australian Society for Medical Research

President’s Report Election

2001 Dr Peter O’Loughlin, October 2001 Political medical research support be The approaching Federal election distributed through the NHMRC will be fought at least in part on the who will determine the appropriate comments from basis of the science, education and balance between priority driven innovation policies of the major and parties. While the government’s investigator position on innovation (Backing driven Australia’s Ability) seems research. reasonably clear, at this stage the The detail of the opposition plans have HMRSR Meg Lees not been released. The gist of the recognised Australian Knowledge Nation policy is very that pro innovation and education, but “Curiosity driven, investigator Democrats Kim Beazley has made it clear that a initiated, peer-reviewed Labor government would proceed fundamental research is the with caution and their plan for foundation of our current success delivery of initiatives in this area and it must remain so.” will stretch over 10 years. Over the course of this year The Labor Party has indicated in various members of the Executive meetings with members of ASMR have joined me in meetings with a Executive that it is interested in number of key politicians. Some of Jenny allocating at least some funding for the more important issues that targeted research objectives. We have been raised in these Macklin have urged that the allocation of meetings include: Australian Labour any such strategic funds be n the need for rapid Party determined by strategic need in this implementation of any new country. The Health and Medical investments to encourage Research Strategic Review innovation. recognised a requirement for n the need to encourage priority driven strategic research to philanthropy. “address local issues that are n distribution of new unique, significantly over- represented or more severe, and project-related yet under-researched in infrastructure Australia.” It recommended that should target the Dr Michael Australia “develop a consultative organisations which incur Wooldridge priority-setting program, managed the research project costs. Liberal Party of through an enhanced NHMRC, to n the need for an evidence- based approach to regular Australia establish priorities across the full array of health issues.” The review of government distribution of strategic research spending on medical funds through any other research. We suggest that mechanism runs the risk of the appropriate indicator allocation on the basis of effective shouldbe the average per lobbying by special interest groups capita government rather than on the basis of expenditure on medical Australia’s unique needs. The research in OECD ASMR recommends that all countries.

Continued Page 2 Print Post App 25500300067 1 President’s Report, continued

Politicians visited: Michael NHMRC funding). research Expos into all capital Wooldridge, David Kemp, cities and Canberra also Jenny Macklin, Carmen It is useful in your contributed to a more national Lawrence, Martyn Evans, communications with focus for the Society. This Martin Ferguson, Senator politicians to indicate firstly, growth was made possible by Kelvin Thomson, Senator Kim how medical research funding a grant of $135,000 from Dept Carr, Senator Meg Lees, affects you as an individual of Health and Aged Care. Senator Rod Kemp, Senator (eg, job security, ability to Peter Cook and Senator Alan employ other researchers and ASMR is routinely invited by Eggleston. the importance of funding the Department of Health and your particular area of Aged Care to attend the ASMR Election strategy: research) and secondly the Federal Budget lockup and In the lead up to the Federal importance of medical this year that duty was Election, ASMR has research in general. The fact undertaken by Rohan Baker. distributed a Fact Sheet to sheet will assist particularly in There were no surprises in assist members in writing to the latter. this year’s budget, with the and/or meeting with expected appropriations for candidates for election. The General the Backing Australia’s Ability facts and figures contained in ASMR has worked to being announced. The the document will be useful in strengthen its national focus forward projections for the putting the case for Australian this year. The March Board innovation plan indicated that Health and Medical Research meeting was held in Perth for only a disappointing 2/3rds of and to ensure HMR is on the the first time, with the the promised $2.9b is political agenda. intention of meeting with key accounted for in the first 4 members of the West years of the 5 year plan. I urge you to write letters to Australian Branch and the Cabinet and Shadow establishing contact with ASMR has made submissions Cabinet. ASMR believes it is politicians based in WA. by invitation to the following particularly important Politicians who attended Reviews: Review of the NSW members also target local functions with members of the Cancer Council Act, Inquiry candidates with letters and Board included Mike Board into matters arising from the where possible, face-to-face (State Shadow minister for Post Mortem and Anatomical meetings. Experience has health), Carmen Lawrence Examination Practices of the shown us that this strategy (Shadow Minister for Institute of Forensic works (ie, the 1998 ASMR Industry, Innovation and Medicine, NSW, Child Health Campaign, laid the ground Technology) Senator Peter Research Institute, SA, work which allowed the Cook (deputy leader of the Women’s & Children’s Minister for Health to opposition in senate), Sen Hospital, SA. successfully call for the Alan Eggleston and Julie Health and Medical Research Bishop. Peter O’Loughlin PhD Strategic Review which President, ASMR resulted in the doubling of Expansion of the medical 2/10/01

Events

2001 Joint ASM HSANZ & ASBT Oct 21-24 , Brisbane Convention Centre, www.hszanzasbt2001.im.com.au Genetics & Public Health Short Course October 26-29, 2001,University of Sydney, www.health.usyd.edu.au/pdf/genetics.pdf ASMR 40th NSC November 24 - 27, Marriott Resort Hotel, Gold Coast, Email: [email protected] Redox Processes in Chemistry, Biology and Medicine, November 30 - December 4, Email: [email protected] Australian Health & Medical Research Congress Melbourne, November 2002, Email: [email protected]

2 Intellectual Property

Patent Protection for Medical Inventions must also be satisfied to qualify for patent protection. These include that the invention must Research scientists are increasingly being forced be novel, it must be inventive, and a detailed to seek and secure funding from alternative written description of it must be provided. These sources to the research grants upon which requirements will be discussed in further detail reliance has traditionally been placed. below. Commercialisation of the fruits of research is the most obvious avenue of alternative funding Novelty available. In the area of medical research, where The requirement of novelty is relatively straight commercialisation involves enormous risk to forward. It simply means the invention must be investors and long lead times before products different from anything that has previously been make it to market, it is particularly important for published or patented (the prior art). This is researchers to protect their intellectual property established during examination, which involves a and to thereby be in a position to offer investors a detailed search of patent and technical literature. period of market exclusivity. Patents offer the most effective means of securing this desired Although there are some differences in the market exclusivity. novelty requirements between countries due to the divergence of national laws, it is generally the While there are numerous international case that disclosure or publication of an invention conventions in place which outline basic before lodgement of a patent application will requirements of national patent laws, patents are destroy novelty. The main exception to this rule granted and administered by national which exists in a few countries, such as the United governments and therefore separate applications States, is where a grace period is provided during must be made in each country or region of which publications by the inventor are allowed. In commercial interest. The basic principle behind the United States the grace period is the twelve these various patent systems is, however, months prior to the filing of a patent application in consistent throughout the world. This basic the United States. Reliance upon this grace period principle is that in return for full disclosure of an is usually not recommended as it is likely to invention by an inventor, the national government continued Page 6 will grant to the inventor in the form of a patent a period of market exclusivity. This term is 20 years in most countries. During this period the inventor, Early Career Researchers or someone to whom the inventor’s rights are transferred, will be able to bring an action in the courts to prevent others from commercially Details of the new Career Development Awards exploiting the invention. The intention is that which replace the RD Wright scheme and RF level research and development will be encouraged, at entry points in the Fellowship scheme, were the same time as ensuring technical details of posted to theNHMRC website on June 18th . , inventions are made public and can be used as a The expanded and fully overhauled scheme is basis for further research. In this regard, it is closer to the recommendations of the AHMRSR important to emphasise that further non- and encompass: commercial research in relation to a patented n Basic Research (10 awards annually) invention should not constitute an infringement of n Clinical Research (5 awards) the patent owner’s rights. n Public Health (5 awards). The awards on offer are for a 5 year non-renewal In the field of medical research there is a wide term and the package of $80,000 per year is to variety of subject matter which may be the subject cover salary, travel allowance and maintenance; of patent protection. Apart from pharmaceutical part-time awards will be reduced accordingly. compounds and compositions it may also be Applications are currently under review and possible to obtain protection in respect of announcement of the results will be made at the methods of medical treatment, diagnostic methods, time of all other NHMRC awards. The closing date methods of preparation of compounds or for 2002, will be much earlier, probably March or compositions, medical instruments, medical April. research tools, such as drug targets, screening For further details see - methods and related computer software, for http://www.health.gov.au/nhmrc/funding/ example. In addition to falling within the scope of careerdev.htm what is generally understood to be patentable subject matter, a number of other requirements Dr Catherine L. Coulter

3 Federal Election 2001

Meg Lees, Australian Democrats well as biomedical Thank you for the opportunity to outline the and clinical research Democrats’ policy for supporting Australian health must be a priority and medical research. for government.

The Australian Democrats believe public spending The Democrats on medical research provides vital knowledge, believe the private employment and health gains to Australia. It must health insurance not be seen as a cost but as an investment. The rebate should be Democrats support the allocation of 3% of the abolished or at the Federal Health Budget to medical research, very least capped including research into natural and complementary and means tested. medicine. Capping and means testing the rebate Australia’s spending on education, as a would allow at least percentage of GDP, is way behind most other an extra $1 billion to OECD countries. If we want to improve the health be spent directly on of Australians and keep many of our talented areas of need such as the public hospital system graduates here we must re-invest in a number of and medical research. areas. Of major importance is a funding boost directly to our universities. Also important to both To ensure our scarce health dollar is spent on the research and training is adequate funding of our most appropriate and effective health procedures public hospital system. Public health research, as and services, up-to-date research is vital.

Jenny Macklin, Australian Labour Party competitive teams - starting with new Cancer There are two central planks of Kim Beazley’s Research election platform which are good news for Medical Fellowships and researchers - the Knowledge Nation and the other Knowledge Medicare Alliance. Nation initiatives. We will maintain a Labor will encourage innovative health and register of medical research to maintain Australia’s reputation Australian as a world leader in high quality medical research. researchers We will deliver in full the promised doubling of working overseas funding for medical research over 5 years. to maintain links and provide The Howard Government has failed to deliver on incentives for the recommendations of the Wills report on them to return. Medical research. Spending on ARC grants and research infrastructure has dropped substantially One of the great and the removal of tax concessions has severely strengths of Australia’s public hospitals is their damaged private investment in research. The much close ties with Universities and medical research touted County Investments initiative has not centres. Teaching and research are closely linked produced a single new project in medical research to patient treatment. This ensures that we have a highly skilled and experienced workforce and that In addition we have already announced a $148 patients are getting the benefits of the latest million plan to upgrade the fight against cancer. knowledge about their condition. This policy includes funding for clinical trials in Labor will build on these strong links and ensure Australia and the formation of a National Cancer that medical research and bio-technology are key Alliance on the model of the Canadian virtual sectors that benefit from our Knowledge Nation National Health Institutes. Labor will also fund policies. Comprehensive Cancer Centres to link groups of research institutions and hospitals more directly Labor has put health and education at the top of and encourage the transfer of knowledge. the agenda and these areas will get the top priority. Labor wants to encourage our best researchers to The detailed policies will be released during the remain in Australia and build internationally campaign and can be accessed on the ALP website - www.alp.org.au

4 Dr Michael Wooldridge, Liberal Party The Coalition has of Australia also made it a priority to attract Today, not many in the medical research and our researchers scientific community would remember that in 1996 working overseas when the Coalition came to government, the back to Australia. National Health and Medical Research Council I was recently (NHMRC) budget was declining. able to announce that both The previous Labor Government had cut our Professor Peter health and medical research funding by $50 million Doherty and a year so that in 1996 Labor was providing the Professor Tony NHMRC with a budget of only $100 million. McMichael have received the I am proud to say that the Coalition Government National Health and Medical Research Council reversed that position and in 1999 we were able to Burnet Award. This Award is worth up to $2 million announce a historic and unprecedented doubling to each recipient and will allow them to return to of medical research funding in this country. Australia to continue their distinguished research work at home. The Coalition has put Australia at the forefront of health and medical research with a record $614 The return of such internationally recognised million boost for medical research over the 6 years researchers is an endorsement of the from 1999. No other Government has ever given Government’s approach to promoting our research medical research such a high priority in Australia. and development capacity through the NHMRC and through this year’s $3 billion Innovation This year alone, the Coalition is providing over Statement, Backing Australia’s Ability. $250 million for medical research in Australia. The NHMRC will be directing $35 million to cancer The Coalition is committed to Australia’s health research; $23 million for cardiovascular research; and medical research community. Our record in $13 million for research into diabetes and $5 million Government shows that. If re-elected we will for research into asthma and other lung diseases. continue this strong and steadfast support.

ASMR believes it is particularly important members target local candidates with letters and where possible, face-to-face meetings.

It is useful in your communications with politicians to indicate firstly, how medical research funding affects you as an individual (eg, job security, ability to employ other researchers and the importance of funding your particular area of research) and secondly the importance of medical research in general. The fact sheet included with this Newsletter will assist in this area.

Write to the Leaders of the Australian Democrats, ALP and Liberal Party

The ASMR Platform for Health and Medical Research can be viewed at www.asmr.org.au/news/

5 Intellectual Property continued

jeopardise the prospects of obtaining patent microorganism related inventions where it might protection in other countries. not be possible to adequately describe the invention in a written manner. In this case it may Inventiveness be necessary to deposit a sample of the The requirement of inventiveness is more microorganism with a recognised depository complicated. Again it requires a comparison institution. In this way third parties who wish to between the invention and the prior art, and again conduct research in relation to the invention or there are differences between countries in relation work the invention after patent expiry will be able to the standard required. In the case of to do so by obtaining a sample of the deposited inventiveness though, it is not sufficient for there microorganism. just to be differences between the “invention” and the prior art. Rather there must have been either Overview some ingenuity involved in conceiving the It is not the intention of this article to provide invention or some unexpected result observed. detailed information in relation to the many complex issues you may be confronted with in A test often adopted for inventiveness is to pose seeking patent protection in respect of commercial the following question: if a person skilled in the development arising from medical research. relevant area of technology (a person equipped Rather, the article is intended to provide a brief with all the skills and knowledge routinely used in overview of some of the opportunities associated the field) was to attempt to solve the same problem with patent protection and the major requirements intended to be solved by the invention, would the of novelty, inventiveness and filing a written skilled person routinely and without ingenuity application. The most important message to arrive at the invention? In other words, would the understand is that prospects of obtaining patent invention be considered obvious to the skilled protection may be destroyed if there is disclosure person? If the answer is in the affirmative, then it of the invention before filing a patent application. is also considered to lack inventiveness. You should therefore consult a patent attorney before publishing in relation to research with Clearly, the test for inventiveness is a subjective commercial potential. test which leaves much open for argument. Mark Roberts Written description Patent Attorney/Associate A patent application must include a written Davies Collison Cave description of the invention which provides 1 Little Collins Street, Melbourne, Victoria 3000 detailed information to the extent that would enable a person skilled in the relevant field to make and use the invention. In the case of medical research related inventions, patent applications ASMR Research Award 2000 usually take a format somewhat similar to a scientific publication, and indeed it is becoming This year the “ASMR Research Award” was used more prevalent for patents to be considered as to further research on a novel protein identified by publications for the purposes of reviewing Professor S. Peter Klinken’s group at the Laboratory researchers’ performance. The patent application for Cancer Medicine, Western Australian Institute will usually include some background to the for Medical Research, Perth, WA. The “ASMR problem which the invention intends to solve, a Research Award” has been used to aid the disclosure of how the invention can be made and generation of M44 knockout mice. This work is used which includes description of possible currently underway as a collaboration with Professor modifications, some examples of how the invention Ashley Dunn at the Ludwig Institute for Cancer has successfully been implemented as well as a set Research, Melbourne, Victoria. These studies aim of claims. The claims are of particular importance to identify the fundamental role of the novel kinase as it is these that define the boundaries of the M44 in normal cellular functions and to determine invention and will be closely considered by a court whether its activity can be exploited to regulate the if a third party is accused of patent infringement. oncogenic potential of MLF1. I look forward to presenting my work at the ASMR National Scientific If the invention relates to a peptide and/or nucleic Conference on the Gold Coast acid sequence it will be necessary to include Raelene Lim sequence listing information within the patent PhD Student. application. Other specific requirements apply to

6 40th ASMR National Scientific Conference

Marriott Hotel, Gold Coast 25th - 27th November 2001 speakers including Prof Tom Curran, Prof Garry Taylor and Prof Julie Campbell. “BioInnovation: The Future of Medical Research” There will also be several Research Highlights Final Announcement Sessions giving attendees the On behalf of the Local Organising Committee, we opportunity to would like to invite you to attend the 40th ASMR present their NSC to be held at Marriott Hotel on the Gold research. The Coast. Symposia for the meeting include: Firkin Orator in 2001 is Dr Edison Liu, Director of the Singapore Genomics Program and the AWT n ‘Therapeutic Applications of Proteases’ Edwards Oration will be delivered by Professor Peter Andrews, co-Director, Institute for Molecular n ‘Functional and Structural Genomics’ Biosciences, UQ. n ‘Glycotherapuetics and Drug Design’ When making your decision to attend, allow yourself to be swayed by the good time you can expect at a conference on the Gold Coast in late n ‘Targeting New Vaccines and Diagnostics’ Spring. The Marriott Hotel offers fantastic facilities to all delegates and there is a variety of n ‘Molecular Genetics of Cancer’ affordable accommodation packages. Assoc. Professor Lyn Griffiths n ’Tissue Construction and Destruction’ Convenor, ASMR National Scientific Conference 2001 n ‘The Pot of Gold at the End of the Research Rainbow’ All enquiries and registrations are best made from www.asmr-nsc2001.conf.au There are many excellent overseas and national

ASMR Election of Directors Candidates for Election to the Board of ASMR equalled the number of vacancies available. New Directors (2001-2003): Dr Alaina Ammit (NSW) Dr Anthony Armson (WA) Dr Michael McGuckin (Queensland) Returning Directors (2001-2003): Dr Moira Clay (Vic) Dr Bronwyn Kingwell (Vic) Dr Ricky Johnstone (Vic) Directors continuing ( to 2002) Dr Rohan Baker (ACT) Dr Cathie Coulter (SA) Prof. Peter Schofield (NSW) A/Prof. Andrew Sinclair (Vic) Dr Joe Simonetta (NSW) Directors Retiring November 2002 Dr Peter O’Loughlin (SA) Dr Cassie Lawson (WA) A/Prof Lyn Griffiths (Queensland)

7 Congratulations! Election 2001

Emeritus Professor Donald Metcalf, AC FAA FRS Winner of the 2001 Prime Minister’s Prize for Science for his life-saving white blood cell research that is helping to Find your electorate at: treat millions of patients with cancer and severe infections http://search.aec.gov.au/searchb/ mainb.htm

Professor Peter Bartlett Winner of the 2001 Malcom McIntosh Prize for Achievement in Physical Sciences for his work in helping computers learn new Find your Candidates: and difficult tasks n Australian Democrats www.democrats.org.au/ election01/ Associate Professor Bostjan Kobe Winner of the 2001 Minister’s Prize for Achievement in the Life Sciences for his groundbreaking work which is helping piece n A LP together the jigsaw of how our cells work http://www.alp.org.au/ people/people.html

n Liberal Party http://www.liberal.org.au/ candidate.HTM

Write to or visit your Candidates

Keep Australian Health and Medical Research on the political agenda

ASMR Directors 2001

Dr Peter O’Loughlin, President A/Prof P Schofield, President-elect A/Prof A Sinclair, Hon Sec Dr Moira Clay, Hon Treasurer Dr Bronwyn Kingwell A/Professor Lyn Griffiths Dr Cassandra Lawson Dr Rohan Baker Dr Catherine Coulter Dr Ricky Johnstone Dr Giuseppe Simonetta

145 Macquarie Street, Sydney 2000. Ph: 02 9256 5450, Fax: 02 9252 0294, Email: [email protected] Website: www.asmr.org.au Executive Officer: Catherine West. Newsletter Ed. A/Prof Andrew Sinclair ACN 000 599 235 ABN 18 000 599 235

8