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What Does The Public Get? Experimental Use And The Patent Bargain, Katherine J. Strandburg Nov 2004

What Does The Public Get? Experimental Use And The Patent Bargain, Katherine J. Strandburg

Katherine J. Strandburg

This article deals with the increasing tension between the tradition of protecting commercially valuable inventions through patenting and the need for a robust public domain of freely available technical information as a springboard for further research. The “experimental use exemption,” permitting some unauthorized research uses of patented inventions, might be used to relieve some of this tension. However, the scope of the research exemption has been shrunk so far by recent Federal Circuit opinions that even basic university research is not excused from infringement liability. This article returns to the first principles of patent law -- the incentives to invent …


Patents And Experimental Use: A Submission To The Advisory Council On Intellectual Property., Matthew Rimmer, Krishna Rajendra Jan 2004

Patents And Experimental Use: A Submission To The Advisory Council On Intellectual Property., Matthew Rimmer, Krishna Rajendra

Matthew Rimmer

As part of its policy activities, ACIPA hosted a symposium, "Freedom To Tinker: Patent Law and Scientific Research", on the 19th March 2004. This symposium considered whether Australian patent law should have a defence for research use, and, if so, what its scope should be. It explored the impact of such an exemption upon a number of important industries - such as agriculture, biotechnology, health care, and information technology. It also examined the repercussions of such a defence for universities, research organisations, and educational institutions.Strikingly, there has a great deal of consensus amongst the government speakers at the symposium. Mr …


Introduction: The Law, Technology & The Arts Symposium: The Past, Present And Future Of The Federal Circuit, Craig Allen Nard Jan 2004

Introduction: The Law, Technology & The Arts Symposium: The Past, Present And Future Of The Federal Circuit, Craig Allen Nard

Faculty Publications

Introduction to The Law, Technology & the Arts Symposium: The Past, Present and Future of the Federal Circuit, Cleveland, Ohio.