Legislating to Exclude Gene Patents: Difficult and Unhelpful, or Useful and Feasible?

The question of whether or not “genes” should be eligible for patent protection continues to be a cause of significant tension around the world in academic, policy and commercial contexts, as well as in the media and other public forums, for wide-ranging reasons. The primary focus of this paper is an analysis of a recent attempt in Australia to use legislative means to exclude from patent eligibility isolated nucleotide and polypeptide sequences that are similar to those that exist in nature.