The Use of Patented Subject Matter in Experimental Research (A Comparative Study)

One of the controversial subjects in the context of intellectual property discourse is the use of patented inventions in research and experiment. Since the underlying knowledge and technology of an invention is a valuable source for furthering research and discoveries, many commentators hold the view that the scope of experimental use exception should be widened. Conducting a comparative study on a number of laws in four countries, this Article posits that such expansion and limiting the patent holders’ rights could upset the balancestruck between the costs of inventing and patenting on the one hand, and exclusive rights, on the other hand. This would subsequently undermine the rationale of the patent system which is to encourage innovation. Thus, exceptions should be kept minimum and legal mechanisms which entail inventors’ authorization should be upheld.