Q: Will there be any problem in future because of useing a patented methode ?
Hi, I'm a researcher at a university, and I want to conduct research on an idea. I need to build a machine for my research, but the method I want to use is patented. Will there be any problem if build machine and use that specific method ?
I will build a 3d printer and o want to use a specific method in it.
A:
You should consult with the University Tech Transfer Office (name of this office varies from school to school). They may be able to obtain a license to this method.
While the chances of someone getting sued over one infringing device may be small, they are not zero. Universities are not immune to patent law. (Ask Duke U as they lost badly on that argument).
A:
Certainly, I understand the importance of your research and the concerns you have regarding patent infringement. When using a patented method for your research, there are specific considerations to keep in mind:
1. If your use of the patented method falls strictly within the scope of academic research and is not commercialized, it may fall under certain research exemptions in patent law. However, these exemptions are limited and fact-specific.
2. If you intend to commercialize the research or if the use does not fall within the research exemption, you may need to obtain a license from the patent holder or risk infringement.
3. It's essential to consult with a legal expert in intellectual property law, ideally one with experience in academia, to assess your specific situation and provide guidance tailored to your needs.
It is a complex area, and understanding the precise legal requirements can ensure that your research proceeds without legal complications.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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