I am interested in using a methodology developed by researchers at Microsoft Research. The method is based on several published papers and at least one book chapter. It came to my attention that Microsoft also holds a patent on the methodology under the same title as one of the published papers.
This seems like a grey area since the work isn't for profit, but could potentially be used in grant work.
What are the precedents for it?
David,
According to 35 U.S.C. 10, patentable subject matter falls in one of these four categories: process, machine, manufacture, or composition of matter. Algorithms do not fall as patentable subject matter. That being said, if one uses an algorithm within a process, then the process is patentable (and therefore the application of the algorithm to those specific circumstances is also protected).
To answer your question directly, a researcher should ask the holder of the IP for permission to use the IP for the following reasons:
1) You may not have a immediate use for the technology but in the future you may find a company that may have commercial use of the developed technology
2) Even though it is uncommon for companies to sue a researcher for infringement, you never know.
3) if you are doing research based on a grant, I would definitely ask permission to avoid any trouble down the road(unlikely but may happen)
4) it might be beneficial to ask permission since the IP holder will be flattered that you want to do research on his technology. Doing this at an early stage may pave way for a better relationship and other benefits down the road.
Consult with a legal expert nonetheless
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