Background to Patent Infringement
An Australian patent provides to its owner the exclusive rights
to exploit a patented invention during the patent term within
Australia.1 The owner has a legal monopoly to make,
hire, sell, dispose of (or to offer to do these things), use or
import, or to keep for the purpose of doing any of those things,
any product that falls within the scope of the claims.
If a third party exploits a patented invention without the
consent of the patent owner, then they may be found to have
infringed the patent. This has implications for organisations such
as universities and research institutes seeking to use a patented
technology for research purposes. Australia's Patents Act (the
Act) contemplates this scenario by providing a
number of exemptions to patent infringement, including the
so-called research or experimental use exemption.
