Hi all,
I would like to initiate a discussion regarding use of patented technology. We all know that there is no restriction to use a patented technology-free to play- in academic research. What about in industry? Is it a complete 'forbidden fruit' for industrial researchers? or Is there a partial limitation on usage? What's the grey matter? How much can be 'played', if an industrial researcher doesn't directly make money from the outcome and just a part of R&D? Does every patented technology need permission and pay fee? What is your experience and opinion? Thanks
Cheers,
Mert Burak Ozturk ,
I would quote the following:
"A research exemption may be an effective safety mechanism to minimise the chance that patents will adversely affect future research. There is, however, insufficient empirical data at this stage to demonstrate that any particular form of the exemption will be more effective than others in guarding against future restrictions on scientific work." [1]
Based on this I would be cautious on a blanket statement on the use of patented technology for research purposes. That being said, Pursuing researchers to cease and desist can be a costly proposition, since the quantification of damages will come out to be minimal and not justify the effort. Even more, the use of the technology by the researcher may be even construed as an endorsement and can be leveraged to the benefit of both parties.
As far as I'm concerned, this can be extended to the private sector in a manner in which both companies (or company-private researcher) can profit from them. As long as the dialogue is established and clear boundaries are respected and agreed upon in writing.
[1] Dent, C., Jensen, P., Waller, S., & Webster, B. (2006). Research use of patented knowledge: a review.
www.oecd.org/dataoecd/15/16/36311146.pdf
Actually there is no 'research exemption' that would make use of patented inventions free as long as you call it research. That is true for both industry AND for universities. There is in many countries an exemption that you may use patented inventions if you do not have a commercial interest, but it is the theory that this is also not true for universities, since they would have a commercial interest being attractive for students and thus getting governmental subsidies and remunerations. See e.g. Madey v. Duke Univ., 307 F.3d 1351
Actually, there are only two (research) exceptions that would form no infringement. The first is that you are allowed to rework a patent description to see if the invention as described is enabled (i.e. does it indeed work?). The second exception is that you may use an invention to do further inventions (with the possibility that you will not be able to commercialize such further inventions if these would infringe).
Bart is absolutely correct. No matter what country you are operating in, use of a patented invention is risky if done without permission, whatever your motivation. You should approach the patent owner for permission; it may well be granted for no fee if for bona fide non-commercial research and if you ask nicely.
Dear all,
Thanks for your valuable answers and contribution to the discussion. This discussion will be a good resource for people asking questions in this topic in the future. I strongly agree that it is better to seek permission of the other party to avoid legal risks.
Cheers,