Supporting Legislative Creation of a Research Defense To Patent Infringement

//Supporting Legislative Creation of a Research Defense To Patent Infringement

Supporting Legislative Creation of a Research Defense To Patent Infringement

Supporting Legislative Creation of a Research Defense To Patent Infringement

RESOLVED, that IPO support legislation to codify the following research defense to patent infringement:

Acts of infringement shall not extend to making or using patented subject matter in the course of research and experimentation to discern or discover:

(1) the validity of the patent and the scope of protection afforded under the patent;

(2) features, properties, inherent characteristics or advantages of the patented subject matter;

(3) novel methods of making or using the patented subject matter; and

(4) novel alternatives to the patented subject matter, improvements thereto or non-infringing substitutes therefore.