invention would be contrary to law. In deciding whether to exercise this discretionary power, an examiner must have close regard to whether an invention is primarily intended for an unlawful use. Gene patents are generally described to have a lawful use for their invention, thus they have not been excluded on this ground. As at May 2010, no Australian regulation makes the use of gene-related inventions unlawful. As a member of the World Trade Organization, Australia is required to comply with the Trade-Related Aspects of Intellectual Property (TRIPS) agreement, that specifically requires patents to be made available for all fields of technology without discrimination. Any attempt by Australian legislators to alter the Patents Act 1990 by introducing a higher threshold of patentability or a general exclusion for gene technologies may breach obligations under TRIPS. While TRIPS does offer some provisions for exceptions, the full impact of these sections would adversely affect the level of domestic innovation and cross-country trading. See also Office of the Gene Technology Regulator References Biological patent law Genetic engineering in the United States Australian intellectual property law Australia–United States relations United States intellectual property law