Literature/202405081136 law regarding research use exemptions

• Source: [[@dent2006Research Use of Patented Knowledge]]
• Tags: #patents

Different countries have different rules regarding research exceptions for patents. Specifically in the European Union:

The rights conferred by a Community patent shall not extend to: ... (b) acts done for experimental purposes relating to the subject-matter of the patented invention.

In Germany the interpretation is very liberal. It allows "both to test its claimed properties and to test for indications different from those claimed."

In many countries there are no statutory exemptions (Australia, Canada, New Zealand, and the United States).

In the US there is some case law regarding exemptions ("Roche vs Bolar" and "Madey vs Duke Uni."). The biggest issue is that the latter does not give any clarity for non-for profit research. Better said, it excludes the nature of the organization as a reason to have an exception. Mostly because the business of a university is to do research, therefore basic science would not enjoy any absolute protection in itself.