Patent subject matter review


ACIP has commenced a public inquiry into patentable subject matter including, in particular, the appropriateness and adequacy of the 'manner of manufacture' threshold requirement...


An issues paper is due out in July.

Read the announcement and register interest. 

ACIP previously thought that the Patents Act did not require amendment to deal with the panic over business systems.

The need for reform arises out of the turf war between ALRC and ACIP over patenting, gene technology and experimental use. In the course of that refined little spat, the ALRC, bless their little bleeding reform the law hearts, were profoundly shocked to discover a reference to a 17th century Stuart enactment (which you and I know as the Statute of Monopolies) still played a role in the modern world.  Thus, the ALRC thought modernisation was an urgent priority.

Has anyone found, however, anything more teleological or profoundly modern than the High Court's explanation (try paragraphs 15 and 25 for starters) of what the term "means" or, rather, what the concept represents?

ACIP Business Methods Inquiry links, and Government Response to ALRC and, later, Experimental Use; ALRC and go to recommendation 6-2 under patentable subject matter.  Somewhere between then and now, the Government, but not apparently the policy, did change.

Of course, a case could be made that we do need statutory reform to fix up the problem created by Philips v Mirabella although the Full Federal Court has done its best to limit the damage in Bristol Myers-Squibb v Faulding and there can't be too many people who have any confidence that the parliamentary draftsperson's plain English drafting will achieve Parliament's intent!


Posted: Monday - 02 June, 2008 at 03:49 PM         |


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