Consideration of patents and experimental use

Review commenced: 05/01/2004
Duration of review: 2004-2007

In the early 2000s, there was increasing concern, both in Australia and overseas, that patent rights might be inhibiting research and development, particularly in biotechnology. Following on from these concerns, the Australian Government asked ACIP to examine whether some types of patents were inhibiting research and development in Australia and whether there would be benefits from introducing an experimental use exception provision into Australia's patent legislation.

ACIP has released an Issues Paper in February 2004 and forums were held during June 2004. An Options Paper was released in December 2004. The Australian Government released ACIP's Final Report on 9 November 2005 and the Government response was issued on 6 August 2007.

Related Documents

Issues Paper - Consideration of patents and experimental use

Options Paper - Consideration of patents and experimental use

Final Report

Final Report PDF in PDF format [393.57 KB]

Government Response - Consideration of patents and experimental use

Last updated: 
21 April 2016