Patents to "treat me", no patents to "test me": an analysis of the 2009 Senate inquiry into gene patents.
Journal of law and medicine 2010 May; 17(5): 800-6
This article critically analyses the submissions to the Senate Community Affairs Committee Inquiry into Gene Patents. It argues that gene patents are essential for attracting the investment required to ensure therapeutics based on gene technology reach the patient (patents to "treat me"). However, due to the lower costs of development, it argues that gene patent incentive is not required to ensure patient access to genetic testing services (no patents to "test me"). The article recommends that gene patents should not be prohibited by an amendment of the Patents Act 1990 (Cth), rather that regulation should occur post-grant to ensure patented technology is broadly licensed.
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