Conclusions
67. While we note a number of concerns over genetic material patents we do not recommend the exclusion of genetic material per se from patentability. However, we do recommend that options for addressing our concerns on overly broad patents, such as those over genetic material, should be considered.
68. There are two vehicles for influencing the granting of broad patents. The first is amending the legislation regulating patents, and the second is influencing how that legislation is applied. In general we recommend that in the first instance the focus should be on how the law is applied, that is, the way in which IPONZ applies the proposed, more rigorous criteria on applications for patents involving genetic material.
69. However, it is uncertain whether the application of these new criteria will fully address all of our concerns in this area and we therefore suggest that a review take place three years after the amended Patents Act is enacted. This will require an assessment of how the criteria have been applied and whether there is still concern about the breadth of some patents.
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