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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
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