Patentable subject matter. Response to IP Australia's "Consultation on an objects clause and an exclusion from patentability", July 2013

Abstract

The major focus of this paper is introducing an objectives clause in patent statutes. Such proposals have been made in Australia as it is clear from case law that judges need better direction as to the goals of the patent system. An advisory group, composed largely of patent system beneficiaries, has put forward a very poor, self-serving proposal. This paper identifies the key economic goals and proposes wording that would encourage a shift towards the genuine purpose of patent systems. Attention is also paid to how ordre public exclusions from patentability should be handled.