19 November 2025
New Zealand’s rules around genetically modified organisms (GMOs) are set for a major update. For nearly 30 years, GMOs have been regulated under the Hazardous Substances and New Organisms Act 1996 (HSNO Act). Now, the Gene Technology Bill—currently before Parliament—aims to modernise the way we regulate and encourage gene-based innovation.
The Select Committee has reviewed the Bill and recommended it be passed with all proposed amendments. Next up: a second reading, a vote, debate by the full House, and, if approved, Royal Assent. Once enacted, the new law will bring New Zealand’s approach closer to international standards.
Can GMOs Be Patented?
The Bill has sparked wider discussion about how gene technology fits into science, agriculture, and commerce—especially when it comes to intellectual property. A key question for innovators: can genetically modified organisms actually be patented?
The short answer: it depends on the jurisdiction.
Under patent law, inventions must be new—you can’t patent something that already exists in nature. That rules out naturally occurring microorganisms, plants, or animals.
However, many countries, including New Zealand and Australia, allow patents for organisms that have been modified by human intervention (e.g. genetic modification) or for isolated microorganisms that don’t naturally occur in that form.
Different Countries, Different Rules
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New Zealand: Modified microorganisms and GMOs can be patented; natural plant varieties can’t—but may be protected under Plant Variety Rights.
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Australia: Broad protection is available for both isolated and modified organisms; some plant varieties can enjoy dual protection under Plant Breeder’s Rights.
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Europe: Patents are generally allowed for technically modified organisms but not for those obtained solely through traditional breeding.
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United States: Patents can cover GMOs with “markedly different characteristics” from natural forms—plants, animals, and microorganisms included.
Other Paths to Protection
Even when an organism itself isn’t patentable, other aspects of innovation can be.
For instance, patents may cover:
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A method using the organism (e.g. a process to produce a therapeutic compound or control pests)
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A composition that includes the organism (e.g. an agricultural or pharmaceutical formulation)
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A production process or culturing method for the organism itself
What This Means for Innovators
If the Gene Technology Bill becomes law, it will align New Zealand’s regulation of GMOs with modern scientific and commercial realities. That’s good news for biotech and agritech innovators—provided their intellectual property is properly protected.
Innovation moves fast. Your IP strategy should too.
If your business works with biotechnology, genetics, or agricultural R&D, now’s the time to review your patent position.
Contact IP Solved for strategic advice on protecting your innovations in New Zealand, Australia, and beyond.
