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Australia experiments with 'experimental use' exemption

McBratney, Amanda, Nielsen, Katherine, & McMillan, Fiona (2004) Australia experiments with 'experimental use' exemption. Nature Biotechnology, 22(8), pp. 1023-1025.

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Abstract

Lawmakers are asking whether Australian researchers need an express 'experimental use' defense against patent infringement. The overriding policy for establishing a patent system is indisputably the promotion of innovation. According to traditional intellectual property pedagogy, the incentive to innovate flows from the reward afforded to the inventor. A balancing policy is that the patentee must fully disclose the invention to help minimize the risks of duplication and provides a basis for improvements by further research.Where there is uncertainty as to how these competing policy limbs are balanced and whether a patentee can exclude others from experimenting on a patented invention, the uncertain legal environment disadvantages both the patentee and researcher. Different jurisdictions have treated the experimental use question quite differently with varied results for the researcher. The biotechnology industry is evolving at an unprecedented pace and the law will as is always the case, lag behind in its usual cautious fashion. The Australian law may finally catch up to researchers' concerns.

Impact and interest:

2 citations in Scopus
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2 citations in Web of Science®

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ID Code: 33112
Item Type: Journal Article
Additional URLs:
Keywords: Patent Law, Australia
DOI: 10.1038/nbt0804-1023
ISSN: 1087-0156
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Deposited On: 14 Jul 2010 08:47
Last Modified: 11 Aug 2011 02:31

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