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ARTICLE · 18 NOVEMBER 2005

New Patent Defence Recommended for Researchers

Freehills
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Whether or not experimental activities can amount to patent infringement has been a long-standing area of uncertainty under Australian law. On 9 November 2005, ACIP’s report to the Minister for Industry, Tourism and Resources, Warren Entsch, was publicly released.

AustraliaIntellectual Property
Craig Smith
Craig Smith

Whether or not experimental activities can amount to patent infringement has been a long-standing area of uncertainty under Australian law. On 9 November 2005, ACIP’s report to the Minister for Industry, Tourism and Resources, Warren Entsch, was publicly released. It recommended that an experimental use exemption be included in the Patents Act 1990 (Act).

The Advisory Council on Intellectual Property (ACIP) commenced its review of this area in late 2003, prompted by the uncertain state of Australian law. There is currently no relevant experimental use exemption in the Act and no Australian case has looked at whether or not there is an exemption at common law (or what scope such an exemption would have).

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