Open Access News

News from the open access movement


Thursday, December 30, 2004

Seeking a research exemption for patent infringement

The AAAS Science and Intellectual Property in the Public Interest working group (SIPPI) has posted the presentations from its October meeting on how to create a workable exemption for research in U.S. patent law. The problem arose when a federal court held in Madey v. Duke University (October 2002) that lab research by Duke scientists did not fall under the "experimental use" defense against patent infringement. (PS: Experimental use is to patent law roughly what fair use is to copyright law. But since Madey, it seems to be an empty category, even for unpublished lab work at non-profit research institutions. Restoring the experimental use exemption is critical for unfettered scientific inquiry.)