Intellectual Property and the Research Exemption: Its Impact on Science

A symposium at the 2004 AAAS Annual Meeting
Monday, February 16, 2004

Until very recently, it had been unquestioned that an experimental use exemption exists for purely scientific research to study and understand a patented invention, including is limited use to make new innovations that may or may not be outside the scope of the original patent. In a recent decision, Madey v Duke, the Court of Appeals for the Federal Circuit, with exclusive jurisdiction over appeals in patent cases, effectively eliminated any practical application of an experimental use defense to patent infringement by both commercial and non-profit entities. In June 2003, the Supreme Court decided not to review the case. The scientific and academic communities are very concerned about the chilling effect this ruling may have on their ability to perform research. This symposium will consider the implications for conducting scientific research in the shadow of the recent Madey v Duke ruling and explore potential models to establish and codify a research exemption in this country. Specifically, the symposium will address the following issues and questions: -What is the public interest related to the status of the research exemption in this country; -What are the implications of the Madey v. Duke decision for scientific research in the public and private sectors; -What are the key complexities and problems in defining the scope of an experimental research exception; -What are the hurdles in establishing a more secure research exemption; -What is the relevance of the models and experiences of other countries?

Presentations

* "Madey v. Duke: Implications for the 'Research Exemption'" Reid Adler, The Center for the Advancement of Genomics

* "Complexities of Designing a Research Exemption" Arti K. Rai, Duke Law School

* "Corporate Perspective: Pharmaceuticals" by Stephen Caltrider, Lilly

* "The Research Exemption: Is There a University Perspective?" Alan Bennett, UC Berkeley

* "Research Exemption: Public Interest Dimensions" Anthony So, Duke University (no online presentation available)