Recent Developments in Australian & US Patent Law & their Impact ...

Ausbiotech 2012 – Australian and US Patent Law
1 November 2012
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Madey v. Duke University (Fed. Cir. 2002)
In 2002, the Court of Appeals for the Federal Circuit dramatically limited the scope of the research exemption in Madey
v. Duke University, 307 F.3d 1351, 1362 (Fed. Cir. 2002).
The court left only a "very narrow and strictly limited experimental use defense" for "amusement, to satisfy idle
curiosity, or for strictly philosophical inquiry.“
The court went on to state:
“…regardless of whether a particular institution or entity is engaged in an endeavor for commercial gain, so long as the
act is in furtherance of the alleged infringer’s legitimate business and is not solely for amusement, to satisfy idle
curiosity, or for strictly philosophical inquiry, the act does not qualify for the very narrow and strictly limited experimental
use defense. Moreover, the profit or non-profit status of the user is not determinative.”