The U.S. Patent and Trademark Office (USPTO) has recently released a draft Request for Comments (RFC) seeking public feedback on the experimental use exception in patent law. This exception allows for non-commercial experimentation with patented subject matter for limited purposes and has been a topic of debate since the Madey v. Duke University case in 2002.
The RFC is particularly interested in how the experimental use exception applies to various technology areas, with agriculture being highlighted as an example that could benefit from greater clarity. The narrow scope of the current exception has been seen as a potential hindrance in the agricultural sector, according to a report from the U.S. Department of Agriculture.
The report highlighted the need for a breeding exemption and a broader research exception to encourage innovation in the seed and agricultural-related space. This issue has been raised in consultation with the USPTO, aligning with President Biden’s Executive Order on Promoting Competition in the American Economy.
The RFC poses several questions for commenters to consider, including how the exception impacts technologies like quantum computing, artificial intelligence, agriculture, life sciences, and climate-mitigation technologies. It also asks for feedback on the potential negative impacts of the narrow nature of the current exception and whether a statutory exception should be adopted.
USPTO Director Kathi Vidal emphasized the importance of clarifying the experimental use exception to address emerging challenges and unlock new opportunities in key technology sectors. The deadline for comments is September 26, 2024.
Overall, the RFC presents an opportunity for stakeholders to provide input on an important aspect of patent law that could have significant implications for innovation and commercialization in various industries. It is crucial for researchers and innovators to participate in this process to ensure that the experimental use exception is appropriately defined and applied to meet the needs of today’s technological landscape.