1. Objective

The focus of the present study is an analysis of the so-called “junk DNA” patents, invented by Malcolm Simons and owned by GTG (Genetic Technologies Limited), and the controversy surrounding the patents. These patents, more appropriately called “uses of non-coding DNA for detecting alleles”, have captured wide attention in the scientific world.

There are probably three main reasons for this.  One is that DNA markers are widely used in some activities that are seen to be in the public interest:

• breeding for crop and livestock improvement
• diagnostic tools used in public health
• biodiversity measurements

Secondly, the aggressive licensing strategy and practices of the patent owner GTG, an otherwise little-known Australian company, have attracted attention as being one of the first "patent trolls" in the life sciences

Third, there is reasonable amazement by scientists that patent offices could grant such broad patents.

Because of the widespread interest in these patents and the alarm expressed about the breadth of coverage, we have chosen to present not only an analysis of these patents but also discussion of the legal issues surrounding them. With this paper, we hope to raise the awareness and knowledge base of patent legalities in the scientific community.

The information contained in this page was believed to be correct at the time it was collated. New patents and patent applications, altered status of patents, and case law may have resulted in changes in the landscape. CAMBIA makes no warranty that it is correct or up to date at this time and accepts no liability for any use that might be made of it. Corrections or updates to the information are welcome. Please send an email to info@bios.net.

CAMBIA Login