Are researchers in universities or other non-profit institutions, as part of their experimental work, free to practice a patented invention without a license as long as they are not developing a commercial product? Unless such work is being performed solely for amusement, to satisfy idle curiosity, or for strictly philosophical inquiry, the answer is "no," according to a recent decision by the Court of Appeals for the Federal Circuit, Madey v. Duke University. Researchers and those engaged in collaborative relationships with research institutions should take note of the Court’s decision, which narrowly interprets the scope of the "experimental use" exception to patent infringement liability.
