Thank you for the opportunity to comment on the first two consultation papers released as part of the broader package of IP reforms being considered by IP Australia: Exemptions to Patent Infringement and Getting the Balance Right. Universities Australia understands that the proposals set out in these papers are designed to improve the fit and function of the Australian patent system and support increased innovation and invention in Australia.
Universities Australia supports efforts to improve the IP rights system to make it more efficient and effective. Comments on the two consultation papers are provided below.
Exemptions to patent infringement
Universities Australia considers that the proposed addition to Part 1 of Chapter 11 of the Patents Act will improve clarity regarding experimental use of a patented technology, and therefore be of benefit to the sector.
However, it is important that the changes take into account experiments that have been purposefully designed by third parties to establish whether a patented invention can be circumvented, in order to avoid payment of licence royalties. It could be argued that this scenario reflects one of the activities proposed for exemption, namely, the act of determining whether a process or product infringes a patent. Therefore, the ulterior motive or intent of the third party exercising the activity should be considered to ensure that any exemptions that finally become legislation do not compromise the rights of the patentee.
To read the full submission, download the PDF below.