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How would that relate to research exemptions [1]? Couldn't someone who was interested in printing a single example of a patented item claim they were researchin

• OopsCriticality 11y ago
  There isn't really a research exemption in the US. From your cited article, citing Madey v. Duke University (2002): The court did not reject the defense, but left only a "very narrow and strictly limited experimental use defense" for "amusement, to satisfy idle curiosity, or for strictly philosophical inquiry." The court also precludes the defense where, regardless of profit motive, the research was done "in furtherance of the alleged infringer’s legitimate business." In the case of a research university like Duke University, the court held that the alleged use was in furtherance of its legitimate business, and thus the defense was inapplicable. Practically speaking, it's difficult to sue a university or an individual for patent infringement when they are conducting research without looking like a monster. Considering the costs of litigation, time wasted, hit to PR, nebulous damages to recover, etc., it doesn't sound very worthwhile. Legally speaking, one would appear to have case law on their side.
  • blacksmith_tb 11y ago
    That makes sense, but certainly quite a few things I'd like to print at home would be for 'amusement' or to 'satisfy idle curiosity' (that would describe quite a lot of my adult life, not to mention my childhood). Not to belittle 'strictly philosophical inquiry' either, (though how much inquiry you could wring out of a Lego minifig, RPi case, etc. remains to be seen).