Mr. Speaker, the government would like to reiterate that, to be patented in Canada, a gene, like any other invention, must be new, non obvious and useful, in accordance with the terms provided for in the act.
Thus, genes are only patented in Canada if they are identified, isolated, purified and have a known usefulness. Genes as they exist in nature cannot be patented under the Copyright Act. For example, a gene within its natural habitat, such as the human body, cannot be patented.
In the last twenty years, since the process of gene isolation and purification has become technologically possible in Canada, patents have been delivered for inventions involving plant, animal and human genes. The same is true in other major jurisdictions such as the United States, Europe, Japan and Australia. As far as we know, none of these countries are considering a change to their patent legislation to ban human gene patenting.
A patent on a gene only gives its owner the right to prevent other people from producing, selling or using his or her invention for a twenty year period after the filing of the patent application.
A patent on a human gene does not give its owner any property rights on the person from whom the gene was derived, or any right on a person who later receives a treatment with the patented gene or a product derived from this gene.
A patent does not allow for the marketing of an invention. Additional research and innovation on a given gene can in fact be promoted by the patent process because of the requirement for the patent application and the invention to which it pertains to be publicly disclosed within 18 months of the application being filed.
There have been numerous instances where the isolation of human genes has had a positive impact on health. Cystic fibrosis, Tay-Sachs disease, Duchenne muscular dystrophy and the early onset of Alzheimer's disease are all examples where genetic research could have a positive impact on the health of many Canadians.
Progress in genetic screening will ensure that Canadians at risk of contracting these diseases can be diagnosed earlier. In the future, this could give them the opportunity to start treatment earlier, which, at the end of the day, would improve their quality of life.
We are just beginning to realize the potential of this type of research to advance our knowledge of the human genome. Progress in genetics is fueled by progress in biotechnology. However, progress in biotechnology requires a considerable amount of research and development.
Patents are very important for the high-growth biotechnology industry in Canada. They provide companies with the economic incentive they need to invest in the long and costly research and development process, which is often necessary to produce and market medical products.
Canada's patent regime looks to balance the need for effective patent protection of biotechnological inventions with the need for increased access to information and increased use of these inventions.
At the same time, we value the disclosure of new innovative technologies. Patent protection allows us to balance these needs by encouraging the disclosure of innovative research while giving patentees an exclusive right in order to protect their investment in a particular invention.