CSIRO asserts ownership of gene silencing technology

June 24, 2003

CSIRO researchers first demonstrated gene silencing in an organism by intentionally using double-stranded RNA in 1995.

Since then, CSIRO has filed a number of patent applications relating to the gene silencing field and holds a granted US patent (US 6,423,885 Methods for obtaining modified phenotypes in plant cells), an accepted patent application in Australia and a number of further pending US and international applications.

CSIRO is aware that the US and UK patent offices have recently announced a grant of patent on patent applications filed by Benitec Australia Limited and the Queensland Department of Primary Industries (QDPI) in relation to certain gene silencing applications in animals*.

CSIRO is opposing Benitec and QDPI's Australian patent application on the grounds that CSIRO is the rightful owner of this technology and has submitted extensive documentary evidence to the Australian Patent Office asserting that the technology had already been invented and refined by CSIRO scientists prior to mid-1996.

If CSIRO is successful in its claims to ownership through the Australian opposition proceedings, it will be entitled to have the relevant Benitec patents and patent applications transferred to it. Further, if CSIRO is successful on the issue of entitlement, all of Benitec's dealings with the Australian patent rights, such as licences, would also be rendered null and void, with retrospective effect.

CSIRO is currently considering the best process for maximising Australia's national benefit, including its options in relation to its claim of ownership of the gene silencing technology world-wide. As part of this process, CSIRO considers it likely that the evidence that CSIRO has submitted in the Australian opposition proceedings will also be highly relevant to CSIRO's response to Benitec's US and UK patents.

*see Queensland company scores DNA directed gene silencing technology coup

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