Policies/Patents

Reduce patent duration to 10 years.

 * The length of "innovation patents" (which have a lower threshold of inventiveness) will be reduced to 5 years.

Prevent misuse of patents.

 * Patent holders will be required to demonstrate active use of a patent as a pre-condition for suing for infringement.
 * Legal protection will no longer apply to patents used as a speculation commodity.
 * Legal protection will apply to non-commercial use of patented material.
 * In the event that non-commercially developed products are subsequently used commercially, liability will apply to commercial users.
 * Legal protection will apply in the event that a party accused of copying can present reasonable proof that the infringing item was developed independently and without knowledge of the patent in question.
 * Explicit protection will apply for open source projects which would be rendered ineffective by extended legal battles.

Reform software patents.

 * Software patents will incur a higher patent continuity fee.
 * Fees will fund impartial, professional reviewers and consultants (experienced in the relevant areas) to review software patents, with the goal of blocking patents that are obvious to someone experienced in area, not novel or having prior-art.
 * The length of patents for inventions primarily embodied in software will be 5 years.
 * Functional claiming will be disallowed.
 * Applicants will not be able to claim patent rights on the outcome of the software, just on the specific implementation.
 * Software patents must contain sufficient information for someone experienced in software development to be able to implement the invention.

Abolish patents on genes and living organisms.

 * Patents on inventions based on a gene (which neither require nor confer rights to the gene itself) will be retained.

Abolish patents on pharmaceutical drugs.

 * Techniques for creating pharmaceutical drugs will remain patentable.
 * All patents on chemicals will be placed in the public domain, and manufacturers will be encouraged to produce generics.
 * Savings made through the substitution of brand name drugs with generics on the Pharmaceutical Benefits Scheme (PBS) will be used to fund medical research:
 * Funding will be allocated to the CSIRO and tertiary institutions to sponsor research in areas considered as priorities for the public good.
 * Publicly funded drugs will be placed in the public domain, and may be exported through aid programs to developing nations affected by drug shortages.
 * Funding will be allocated to trial a "bounty system" to reward firms who create drugs which serve an identified public benefit.
 * The bounty will be determined in advance will be paid annually, over a ten-year period of time.
 * Incentives will be offered to both first- and second-movers: where a new invention is based upon an earlier invention, rewards would be split even if the initial drug is superseded.
 * The amount of the reward for a particular drug would be determined by an expert panel and based on public health outcomes such as number of beneficiaries, level of therapeutic benefit, and capacity to address priority healthcare needs.
 * A ten-year distribution monopoly (subject to price controls) may be granted for drugs which are tested and marketable.
 * Negotiations will begin on a global medical R&D treaty which may be signed by any nation willing to commit appropriate funds to support R&D.
 * Funding will support a global reward system following the principles of the domestic trial.
 * Rewards will be linked to metrics determined by signatory nations.
 * Drugs subject to a bounty will be placed in the public domain, to keep prices down.