Experimental Use and Patents

Part 1 Introduction: general; the distinction between research-oriented experiments and market-oriented experiments - the source of confusion. Part 2 Application of the experimental use exemption: general outline; guidelines for applying the experimental use doctrine - a) experiments aimed at checking the truth and sufficiency of a disclosure in a patent specification, b) experiments conducted for purely philosophical purposes, c) experiments conducted in an attempt to adapt a patented invention to the experimenter's business needs, d) experiments aimed at amassing data about a generic product in order to satisfy the requirements of regulatory bodies or of the experimenter's potential customers, e) experiments conducted during preparations for obtaining a compulsory licence, f) research experiments aimed at exploring the unknown. Part 3 Biotechnological inventions: the merger between commercial and experimental production; biotechnology - a rapidly evolving technology; commercialization of basic research; extensive protection afforded to biotechnological inventions; conclusion. Part 4 The supply of infringing materials and means to experimenters, and professional assistance in conducting experiments. Part 5 The experimental use/fair use comparison: the general concept of fair use; reverse engineering of computer programmes. Part 6 Summary.