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1546-2080 Online :: 1546-203X Print
When Patented Technologies Get Put to Experimental Use: Practical Considerations for Nanotech R&D
Volume 8, Issue 3


Authors:
Victor H. Polk, Jr. and Roman Fayerberg

Abstract:
Research and development of new nanotechnology products often involves the use of existing technologies, some of which may be covered by third-party patents. As a result, research and development of new nanotechnology products presents not only significant business opportunities, but also a minefield of critical patent issues. In particular, the exception for experimental uses of patented technologies is extremely narrow, and unless patent infringement during research and development of a commercial product falls under a statutory exception, such infringement is potentially actionable under the patent laws. On the other hand, the remedies for such infringement are likely to be limited. This article discusses practical considerations that companies engaged in nanotechnology product development need to be aware of, when using third-party patented technology in their research.

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Nanotechnology Law & Business Copyright 2005