OPINION: Is it time to unlock biotech patents?
In essence, the [compulsory] licence overrides the patent holder’s ability to exclude others from using the invention. Image: andynwt/iStockphoto We’re in for another round of the biotech patent wars, with announcement the Productivity Commission will inquire into the compulsory licensing of patents. If adopted, compulsory licensing could increase public access to patent-protected diagnostics and therapies, and foster research that has been inhibited by “patent thickets”. Biotech is the future. It’s about money – potentially very big money. It’s also about saving lives, whether from an early death or from discomfort and disability. The inquiry represents an effort to achieve a balance between public and private goods in a way that is consistent with Australia’s international obligations. How does the patent process work? The global biotech economy is founded on the interaction of research and patent law. That law enables patent holders – individual researchers, academic institutions, investors, pharmaceutical giants – to exclude the unauthorised use...