FROM HARVARD MOUSE TO NOVARTIS: SYNTHETIC BIOLOGY, TRANSGENIC LIFE AND THE VARIETIES EXCLUSION IN PATENT LAW

This article critically evaluates the extent to which biological inventions concerning plants and animals can be patented in Hong Kong. Hong Kong’s patent system is unique in that it has traditionally re-registered patents originating from Europe and China, without developing detailed examination guidelines of its own. Although the Patents (Amendment) Ordinance 2016 contains an exclusion relating to “plant or animal varieties”, the exclusion is defined in far less detail than comparable provisions in other jurisdictions. The uncertainties arising from the interpretation of this exclusion has significant implications for patents in the field of biotechnology, particularly as Hong Kong begins to develop its own indigenous patent granting system as a result of recent reforms. Through a comparative analysis, this article explores the ways in which Hong Kong can learn from the experiences of Australia, China, Singapore and the United Kingdom in regulating patent rights over living organisms, and proposes options for future reform to facilitate Hong Kong’s transition into a major hub for biotechnology innovation.