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 |