Patentable Subject Matter in Biotechnology: Comparison between Australia, United Sates of America and United Kingdom/EC

Abstract

Biotechnology adds a new dimension to the patent system particularly to the area of “subject matter.” This paper compares how Australia, United States of America and United Kingdom/EC accommodate biotechnological inventions within their respective jurisdictions. It is evident that whilst there are similarities in their approach and applications to biological inventions, there are also important differences based on both legislation and case law however more recently influenced by political factors.