Patentable Subject Matter: ACIP options paper
ACIP has published an Options Paper in connection with its review of “patentable subject matter”.
Press release here.
Options Paper here.
The options under consideration are too far reaching for a “sound bite”.
For example (from the Press Release)
“The test for patentable subject matter in Australia is linked to legislation introduced in England in 1623 so it really does need addressing within the context of modern research and business”.
Of course, the fact that this disparaged Jacobean test is perhaps the most modern, flexible, telelogical concept on our statute book since the NRDC case (in 1959) could be overlooked.
Also (from the Press Release):
ACIP have also proposed possible safeguards to ensure public concerns are reflected in decisions to grant patents.
Submissions by Friday 13th (!) November 2009.
