Posted on 14/12/2007 by
Good news for innovators - amendment due on experimental use exception
The Australian government has responded to the recommendations of the Advisory Council on Intellectual Property (ACIP) report, Patents and Experimental Use, and agreed to amend the Patents Act 1990 to clarify the experimental use exception to patent infringement.
The changes will provide researchers and innovators with a clearer picture on where they can tread without infringing a patentee's rights.
The proposed amendment means that there will no infringement of a patent if the actions performed in respect of a patented invention:
are done for experimental purposes;
relate to the subject matter of the invention; and
do not unreasonably conflict with the normal exploitation of the patent
It is also expected that the changes will include examples of what such experimental use could comprise, such as determining both how an invention works and the scope of the invention, determining the validity of patent claims and attempting to improve the invention.
The changes are in line with Australian government policy of supporting economic growth by encouraging innovation.
For further information please either contact Theresa McSherry or visit IP Australia.