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Patent Amendment (Human Genes and Biological Materials) Bill 2010 [No. 2]

Schedule 1 Amendment of the Patents Act 1990

1  Paragraph 18(1)(a)

Repeal the paragraph, substitute:

                     (a)  is a manner of manufacture within the full meaning, including the proviso, of section 6 of the Statute of Monopolies; and

2  Paragraph 18(1A)(a)

Repeal the paragraph, substitute:

                     (a)  is a manner of manufacture within the full meaning, including the proviso, of section 6 of the Statute of Monopolies; and

3  Subsection 18(2)

Repeal the subsection, substitute:

             (2)  The following are not patentable inventions:

                     (a)  human beings, and the biological processes for their generation; and

                     (b)  biological materials including their components and derivatives, whether isolated or purified or not and however made, which are identical or substantially identical to such materials as they exist in nature.

4  After subsection 18(4)

Insert:

             (5)  In this section:

biological materials , in section 18, includes DNA, RNA, proteins, cells and fluids.