RESEARCH SEMINAR

RESEARCH SEMINAR

- with Dr. Matthew Rimmer, Senior Lecturer, Faculty of Law, Australian National University

Title

The Freedom to Tinker: Patent Law and Experimental Use.

Abstract

In recent years, there has been considerable interest in the implications of gene patenting for the academic research process in the life sciences. To the degree that university researchers experiment with, develop and modify research results that have been patented, they may be liable to patent infringement suits. This article considers the origins and development of the defence of the exemption covering the experimental use privilege in the patent law – in the author’s words, the “freedom to tinker.” When does such experimental use constitute legitimate university research, and when does it constitute an infringement of the patent holder’s rights? What are the implications of the controversies over experimental use for university research, business, and society more generally? The article deals with a range of biotech developments in a number of important industries, including agriculture and pharmaceuticals. It takes a comparative approach, exploring developments in the United States, the European Union, and Australia.

About the author

Dr. Matthew Rimmer has published widely on both copyright and patent law. He has written a number of papers on biological inventions - dealing with gene patents, access to genetic resources, and plant breeders' rights. His work considers how the law accommodates new frontier technologies - such as genomics, proteomics, bioinformatics, stem cell research, and nanotechnology. While he is a lawyer by training, he has participated extensively in policy debates in Australia and other countries, and his work is of interest to both legal and non-legal audiences.

The paper is available through the Biotech Business secretariat.

No prior registration is needed.

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