To navigate patent infringement risks, companies should evaluate the implications of their research activities. The common law experimental use exemption applies only to research conducted for philosophical inquiry, not connected to commercial purposes. Modern research often has broader objectives, disqualifying it from protection under this exemption. Activities such as validating prototypes or conducting feasibility testing typically do not meet the exemption criteria. Courts uphold a narrow standard that emphasizes the purpose of the research rather than its setting or methodologies.
Research supporting institutional or commercial goals is not protected. Modern research rarely happens in a vacuum, as it is performed with a purpose beyond mere intellectual curiosity.
The common law exemption is only available when research is conducted solely for philosophical inquiry or idle curiosity without any indirect connection to commercial interests.
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