The Australian Government has announced a review of the
pharmaceutical patents system to establish whether it is
"effectively balancing the objectives of securing timely
access to competitively priced pharmaceuticals, fostering
innovation and supporting employment in research and
industry" and, in particular, whether the system
"is being used to extend pharmaceutical monopolies at the
expense of new market entrants". Importantly, according
to the
terms of reference, evaluation of the provisions of
the Australian Patents Act 1990 (Cth) governing patent
term extensions (PTEs) will be central to the process. The review
will also consider how patents for new formulations are granted,
consider the treatment of new methods of manufacturing and new uses
of known products, the impact of contributory infringement
provisions and the impacts of extending patent monopolies on entry
of generic pharmaceuticals into the market.
