Abstract
The analysis of court decisions shows the Patent Office and courts are reading down the anti-competitive measures in the Patents Act 1990 (Cth) and that very few of the legislated pro-competitive measures in the Trade Practices Act 1974 (Cth) are applicable to limit the anti-competitive consequences of broad patents for gene and gene sequences and their applications. Hence, the patentee's 'exclusive rights' are being granted to a very wide range of products and processes for a very limited contribution to innovation, with minimal consideration for their impact on competition and a very limited scope for the competition laws to limit a patentee's anticompetitive conduct.
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