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A vigorous discussion exists regarding the need to provide exclusive patent rights as incentives to invent and to disclose so-called "research tools," whether such exclusive rights should apply to all uses and users of patented research tools, and whether exclusive rights to prohibit all uses of research tools would unduly discourage sequential invention. This article summarizes recent developments under U.S. patent laws of particular relevance to the debate over the patenting of research tools, and provides some insights into the practices of various academic sciences, industries, and government agencies regarding the treatment of these important inventions. The article provides a brief history of the experimental use and regulatory approval exceptions to patent infringement liability and summarizes recent cases interpreting the regulatory approval exception and its application to research tool patents subsequent to the Supreme Court's 2005 Merck v. Integra decision. It then surveys empirical studies that examine the practices of scientific researchers and patent holders, and describes recent changes to patenting and licensing policies and behaviors in the public and private sectors. The article reviews and explains recent and proposed changes to the patent system that may affect patents for and use of research tools. Finally, it discusses a variety of alternatives to the experimental use and regulatory approval exceptions that could facilitate access and continued use of patented technologies in scientific research and commercial development.* This article was originally prepared for inclusion by IFTECH in an internal report for the Japanese Patent Office on the worldwide state of research tool patents.
A vigorous discussion exists regarding the need to provide exclusive patent rights as incentives to invent and to disclose so-called "research tools," whether such exclusive rights should apply to all uses and users of patented research tools, and whether exclusive rights to prohibit all uses of research tools would unduly discourage sequential invention. This article summarizes recent developments under U.S. patent laws of particular relevance to the debate over the patenting of research tools, and provides some insights into the practices of various academic sciences, industries, and government agencies regarding the treatment of these important inventions. The article provides a brief history of the experimental use and regulatory approval exceptions to patent infringement liability and summarizes recent cases interpreting the regulatory approval exception and its application to research tool patents subsequent to the Supreme Court's 2005 Merck v. Integra decision. It then surveys empirical studies that examine the practices of scientific researchers and patent holders, and describes recent changes to patenting and licensing policies and behaviors in the public and private sectors. The article reviews and explains recent and proposed changes to the patent system that may affect patents for and use of research tools. Finally, it discusses a variety of alternatives to the experimental use and regulatory approval exceptions that could facilitate access and continued use of patented technologies in scientific research and commercial development.* This article was originally prepared for inclusion by IFTECH in an internal report for the Japanese Patent Office on the worldwide state of research tool patents.
This study investigates widening access to the Internet and other advancements in IT across institutions of higher education and how these advances have affected the publishing productivity of academic life scientists. What distinguishes this study is that institutional IT access is measured across a wide range of institutions and multiple IT indicators are considered: 1) the adoption of BITNET; 2) the registration of domain names (DNS); 3) the availability of the electronic journal database, JSTOR; and 4) the availability of electronic library resources. Data on life scientists are drawn from the 1983, 1995, 2001, and 2003 Survey of Doctorate Recipients. Universities and colleges are classified into several tiers, depending upon research intensity. Three hypotheses are tested: 1) IT enhances the careers of faculty, independent of tier; 2) IT improves the careers of faculty at lower-tiered relative to higher-tiered institutions; and 3) within tier, the IT revolution increases women's publication rates relative to their male counterparts. The study finds that the diffusion of IT in higher education follows the standard S-curve, with highertiered institutions innovating more quickly. Results regarding the impact of IT on the publishing productivity of life scientists provide some support for the first two hypotheses but no support for the third hypothesis.
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