Asked in Patents (Intellectual Property)

Q: Can I produce a patented chemical just as an academic exercise? if permission is required, how can I obtain one?

I am a postgraduate student and wish to replicate a procedure reported in a patent at a lab scale just for academic purposes. I wish to know if it is Okay or if I will need a permission before I can do that. And if a written permission is required, who would be the right person to contact; the inventor (individuals) or the patent applicant (company)?

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: If you'd be a high schooler, then most attorneys would say "yeah, who cares?", but since you are a PhD student, it is possible that your result may be used to produce a new composition that can be patented and licensed. It behooves your PI not to fun afoul of any patents. There certainly are research exceptions, especially in compositions that have therapeutic effects.

I am not going to give an advice one way or another; this area of law is nebulous, and it is not even clear that you would be infringing the claims if you are merely following the procedure in the description.

What you need to do is to talk to your PI and follow your PI's directions. Alternatively, get a hold of your university's Technology Transfer Office, who will be able to guide you.

Kathryn Perales agrees with this answer

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