Research exemption/experimental use in the European Union: patents do not block the progress of science.
In the public debate about patents, specifically in the area of biotechnology, the position has been taken that patents block the progress of science. As we demonstrate in this review, this is not the case in the European Union (EU). The national patent acts of the EU member states define research and experimental use exemptions from patent infringement that allow sufficient room for research activities to promote innovation. This review provides a comparative overview of the legal requirements and the extent and limitations of experimental use exemptions, including the so-called Bolar provision, in Germany, the United Kingdom, France, Spain, Italy, and The Netherlands. The legal framework in the respective countries is illustrated with reference to practical examples concerning tests on patent-protected genetic targets and antibodies. Specific questions concerning the use of patent-protected research tools, the outsourcing of research activities, and the use of preparatory and supplying acts for experimental purposes that are necessary for conducting experiments are covered.
Vossius & Partner, 81675 München, Germany.
Hans-Rainer
HR
Jaenichen
Vossius & Partner, 81675 München, Germany.
Johann
J
Pitz
D001709:Biotechnology / Q000331:legislation & jurisprudence*; D002986:Clinical Trials as Topic; D005062:European Union; D005858:Germany; D062069:Inventions / Q000331:legislation & jurisprudence; D010330:Patents as Topic / Q000331:legislation & jurisprudence*; D012106:Research / Q000331:legislation & jurisprudence*; D012586:Science / Q000639:trends*