U.S Patent and Trademark Office (USPTO) Seeks Public Feedback on the Current State of the Experimental Use Exception to Patent Infringement

Excerpt:  “At its core, the patent system aims to promote scientific, technological, and social progress; a goal advanced by both patent owners’ disclosure and publication of scientific and technical knowledge in patent documents and by the grant of robust and reliable patents that incentivize innovation and protect investment. … A key aspect of this work is ensuring patents serve their intended purpose to attract funds, get ideas to market, and hold liable those who infringe on (or use) someone else’s patent rights. However, well-defined exemptions to patent infringement for activities that solely constitute bona fide experimental uses, often in the context of research and development, can help preserve and amplify the function of the patent system, including for newcomers to the market and small to medium-sized entities. Courts have carved out a narrow exception for experimenting with patented subject matter, known colloquially as the ‘experimental use exception.’ Over the years, U.S. jurisprudence has sought to define the contours of this limited exception to patent infringement.”