Understanding Australia's Experimental Use Exemption to Patent Infringement

Background to Patent Infringement An Australian patent provides to its owner the exclusive rights to exploit a patented invention during the patent term within Australia.[1] The owner has a legal monopoly to make, hire, sell, dispose of (or to offer to do these things), use or import, or to keep for the purpose of doing any of those things, any product that falls within the scope of the claims. If a third party exploits a patented invention without the consent of the patent owner, then they may be found to have infringed the patent. This has implications for organisations such as universities and research institutes seeking to use a patented technology for research purposes. Australia’s Patents Act (the Act) contemplates this scenario by providing a number of exemptions to patent infringement, including the so-called research or experimental use exemption. Read more