Courtesy of Duke Law School
The decades of freedom from liability for patent infringement may be over for US universities and research institutes, unless the National Research Council (NRC) gets its way. In the past, universities could use patented techniques and devices without a license, because of the so-called experimental use exemption. In other words, patents could be infringed in academic pursuits.
Action in the federal courts has closed that loophole. Instead of letting universities face claims, however, the NRC's report, "A Patent System for the 21st Century,"1 advocates a shift in liability from universities and institutes to the government, at least when private companies claim ownership rights to tools and discoveries used in federally funded research. Some experts, though, question the need for such a liability shield.
A court battle between John Madey, now at the University of Hawaii, and Duke University triggered the concern over patent infringement.2 In ...
