In 2006, the American Intellectual Property Law Association passed a resolution supporting, in principle, legislation to codify an exemption from patent infringement for uses of a patented invention related to scientific research or experimental inquiries. The resolution explicitly provided that, under the proposed legislation, it would not be considered an act of infringement to make or use a patented invention solely to discern or discover:
- The validity or scope of the patent;
- Features, properties, inherent characteristics or advantages of the patented invention;
- Methods of making or using the patented subject matter; or
- Alternatives to, improvements on or substitutes for the patented invention.
The intellectual property section of the American Bar Association had passed a similar resolution 18 years earlier.
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