Patent systems were designed to encourage and reward innovation. A system that prevents research into the subject matter covered by a patent would be inconsistent with such goals, and so the patent systems of most countries contain a provision that exempts from infringement experiments performed relating to the subject matter of a patent. In this article, the extent of the exclusion for experimental acts in Europe, particularly the UK, is discussed. I consider what constitutes an experimental act and to what extent the experimental use provision can effect scientific development.
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Soames, C. Experimental use provision. Nat Rev Drug Discov 4, 271 (2005). https://doi.org/10.1038/nrd1699
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DOI: https://doi.org/10.1038/nrd1699