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Patent Infringement Exemption for Research?

Posted by ScuttleMonkey on from the knowledge-for-the-sake-of-knowledge dept.

cheesedog writes "It has been said that 1/5th of all scientific research projects in the U.S. are currently being stifled by patent claims. Well, it looks like the Senate has taken notice, with a recent proposal that has made it into the PACE Education and Research Act that could extend an exemption from patent litigation for scientific research. The Act also proposes treating specialized industries (such as software and business methods) differently than traditional patent areas."

5 of 97 comments (clear)

  1. Text by _Sharp'r_ · · Score: 4, Informative

    text of the bill.

    It has over 40 co-sponsors (From Allen to Obama) and doesn't look like it's going to become a partisan battle, so maybe it'll actually pass.

    --
    The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    1. Re:Text by Peyna · · Score: 4, Informative

      Note from the text that this law doesn't actually change anything. It's just the Senate coming out saying "We think these reforms should be done," but doesn't compel them to actually do them.

      --
      What?
  2. Re:and...? by ZachPruckowski · · Score: 3, Informative

    No, Universities often do research to get grants. They don't do research to directly make products, they aim to do basic research. They use successful research programs to win grants to do more research. Otherwise you'd see UNC or Berkley or Harvard branded products.

  3. Re:Huh? by HappyHead · · Score: 3, Informative

    Why? What's the penalty for just doing the research? Is it that you can't ultimately profit from the result?

    No, the penalty is being sued for lost royalties by the patent holders, because you used their property without their permission, and then having your research confiscated as it contains and is based on their property. So you're out all that money, <i>and</i> you no longer have access to your own work.

  4. Re:Huh? by cheesedog · · Score: 3, Informative
    What's the penalty for just doing the research?
    The 'penalty' is that it is illegal to do the research without the permission of the patent holder. Here's how it works:

    A scientist independently arrives at an idea that may be covered by an overly-broad or obvious patent claim. The scientist innocently begins conducting research in the area (because there is no way he is keeping track of the 100s of thousands of patents filed each year), eventually letting the world know what he is working on. Big Corp[s] (or Patent Troll[s]) that hold a patent gets wind of his work, and sends him a threatening 'cease-and-desist' letter.

    If the researcher continues past this point, and a court later finds that his work did violate the patent, he is guilty of willful infringement, resulting in court-ordered payment to the patent holder. If willful, those payments may be treble what they would have been had the researcher licensed the technology upfront. And the patent holder can still force the researcher to stop his research immediately.

    Patents grant are a legal right to exclude others from excercising the claims of the patent. That's it. Under current law, there is no exclusion for people excercising the claims in the name of science, solely for their own personal use, etc. The exclusion is 100%. It is an artificial monopoly.