Number: RL32651
Title: Scientific Research and the Experimental Use Privilege in Patent Law
Authors: John R. Thomas, Resources, Science, and Industry Division 
Abstract: This report explores the intellectual property laws and policies concerning the patent laws experimental use privilege. It begins with a review of patent policy and procedures. The report then discusses current statutes and judicial precedent governing the common law experimental use in patent law, as well as the potential impact of this doctrine upon innovation policy. The report next reviews the statutory experimental use privilege with respect to the Hatch-Waxman Act and other, more specialized intellectual property statutes. This report closes with a summary of congressional issues and alternatives.
Pages: 21
Date: October 28, 2004