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Court Narrows Experimental Use Exception To Patent Infringement

June 13, 2003

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A so-called “experimental use” exception to patent infringement has long been recognized under U. S. law. This exception provides that infringement does not occur if the otherwise infringing acts are for amusement, to satisfy idle curiosity or for philosophical inquiry. However, if the infringing acts are for commercial purposes, the exception does not apply and infringement can result.

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