Consideration of excluding plant and animal subject material from the innovation patent

Review commenced: 03/06/2002
Duration of review: 2002-2004

The innovation patent system commenced in May 2001 for the same type of subject matter as inventions covered by standard patents, except that they were not available for plants and animals, or biological processes for the generation of plants and animals. This exclusion does not apply if the invention is a microbiological process or a product of such a process.

Following on from this, the Australian Government asked ACIP to assess the implications of the exclusion and to determine whether the exclusion is in the national interest. ACIP released an Issues Paper in mid-2002 and held a round-table discussion with interested parties to explore the diverse issues raised. The Australian Government released ACIP's Final Report and its response on 27 November 2004.

Related Documents

Issues Paper - Consideration of excluding plant and animal subject material from the innovation patent

Final Report

Final Report PDF in PDF format [258.41 KB]
Last updated: 
20 April 2016