Experimental use exemption: a necessary expansion in Australian patent law

Abstract

Patent law in Australia has evolved in a manner that has secured strong protection of patent holder rights but has decreased effective access and disclosure to researchers. In an era of rapid technological advancements it is increasingly important to ensure an appropriate balance between the rights of patent holders and the interests of the broader community. The lack of clear and defined rights for researchers has not promoted scientific research and advancement. It is argued that the introduction of an experimental use exemption to the current Australian patent law would provide a more productive environment for innovative activities and promote the public interest. Such a reform would create the ideal balance between the competing interests as it would provide commercially effective patent holder rights while maximising the opportunities to advance society.