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Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 [2012]

Schedule 2 Free access to patented inventions for regulatory approvals and research

Part 1 Amendment

Patents Act 1990

1  After section 119A

Insert:

119B   Infringement exemptions: acts for obtaining regulatory approval (non-pharmaceuticals)

             (1)  A person may, without infringing a patent, do an act that would infringe the patent apart from this subsection, if the act is done solely for:

                     (a)  purposes connected with obtaining an approval required by a law of the Commonwealth or of a State or Territory to exploit a product, method or process; or

                     (b)  purposes connected with obtaining a similar approval under a law of another country or region.

             (2)  This section does not apply in relation to a pharmaceutical patent within the meaning of subsection 119A(3).

119C   Infringement exemptions: acts for experimental purposes

             (1)  A person may, without infringing a patent for an invention, do an act that would infringe the patent apart from this subsection, if the act is done for experimental purposes relating to the subject matter of the invention.

             (2)  For the purposes of this section, experimental purposes relating to the subject matter of the invention include, but are not limited to, the following:

                     (a)  determining the properties of the invention;

                     (b)  determining the scope of a claim relating to the invention;

                     (c)  improving or modifying the invention;

                     (d)  determining the validity of the patent or of a claim relating to the invention;

                     (e)  determining whether the patent for the invention would be, or has been, infringed by the doing of an act.



 

Part 2 Application of amendment

2  Application

The amendment made by item 1 of this Schedule applies in relation to acts done on or after the commencement of this Schedule in relation to patents granted before, on or after that commencement.