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ARTICLE · 29 JULY 2024

USPTO Seeks Public Feedback On The Experimental Use Exception To Patent Infringement

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On June 27, 2024, the United States Patent and Trade Office ("USPTO") published a request for comments ("RFC") in the Federal Register inquiring about the current state of the experimental use defense.

United StatesIntellectual Property
Evan Smith
Evan Smith
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On June 27, 2024, the United States Patent and Trade Office ("USPTO") published a request for comments ("RFC") in the Federal Register inquiring about the current state of the experimental use defense to patent infringement and to determine the potential value of legislative action on the issue. This RFC both supports the President's 2021 Executive Order on Promoting Competition in the American Economy and furthers the United States Department of Agriculture and the USPTO's joint commitment to evaluate "New proposals for incentivizing and protecting innovation in the seed and agricultural-related space, including the addition of research or breeders' exemptions for U.S. utility patents."1

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