Feds announce another review on patents

The Federal Government has announced the commission of an expert panel to review the “appropriateness of the extension arrangements for pharmaceutical patents.” This review is part of a broad range of measures the Government is undertaking to scrutinise the Australian patent system.

In the media release announcing the review the, it said the “Australian Government is taking practical steps to ensure access to affordable medicines while fostering innovation and research.”

With intellectual property protections the foundation stone of innovation, AusBiotech is keen to see the Australian patent system for medicines and medical technologies harmonised with other key jurisdictions and provisions in countries that are Australia’s key trading partners.

Amongst the options to do this is the option to introduce longer initial patent periods, which would provide greater certainty to industry and the government – and reduce the need for extension periods.

The length of Government administrative and review processes prior to the listing of a device or medicine needs to be factored into what is seen as the reasonable exclusive period covered by patents.

Mark Dreyfus, Parliamentary Secretary for Industry and Innovation, said: "In certain circumstances, pharmaceutical patents can be extended by up to five years beyond the normal patent term. These provisions were introduced back in 1998, and are due for review."

Mr Dreyfus said concerns had been raised about a number of aspects of pharmaceutical patents, including bringing generic pharmaceuticals to market and the effect of patent terms on innovation.

The review will consider:

• issues that impact on competition in the pharmaceutical industry, for example, the ability of generic medicines to enter the market
• issues around fostering innovation and bringing new pharmaceuticals to market
• the importance of the patent system in providing employment and investment in research and industry
• the impact of pharmaceutical patent provisions on Government health expenditure
• the impact on the Pharmaceutical Benefits Scheme
• international approaches to extensions of term for pharmaceutical patents
• Australia's obligations under international agreements (including free trade agreements and World Trade Organisation agreements)
• Australia's position as a net importer of patents and medicines

The review panel will be chaired by Mr Tony Harris with members, Dr Nicholas Gruen and Professor Dianne Nicol. A public consultation process will form part of the review. The panel's final report is due to be provided to the Government in April 2013. For more information visit IP Australia's website.