Australia: Consideration of Patents and Experimental Use - Final Report
On 9 November 2005, the Federal Industry Parliamentary Secretary, Warren Entsch released ACIP's final report into the consideration of Patents and Experimental Use.
"The report examines whether some types of patents are inhibiting research and development in Australia and whether current laws need to be modified........The report found that Australian law is not clear on whether researchers are able to experiment on patented inventions without first obtaining the permission of the patent owner. Although it has been common practice within the industry to allow certain levels of experimentation on patented inventions, business practices are changing and continued uncertainty in this area could hold back the Australian research industry. The report recommends that patent law be changed to make it clear that research done for experimental purposes does not infringe patents, as long as it does not unreasonably conflict with the normal exploitation of a patent. ACIP believes this will allow researchers to continue experimenting in patented fields, but if anyone wants to use a patented invention in the normal way then a license must be obtained from the owner".
To read the full Media Release click here. To read the full Report, click here.
| ACIP Website |
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