Research Use of Patented Technologies

Abstract

A common pattern for scientific research will involve experimentation with existing theories, products and processes with the aim of discovering something new. Some of the products and processes that researchers use or investigate may be patented, but the user may be ignorant of this fact. There is therefore a risk that the research may involve unauthorised use of patented inventions in a way that infringes a patent holder's exclusive rights. This article examines the obligations that universities assume under the Australian Research Council et al (ARC, 2001) National Principles of Intellectual Property Management for Publicly Funded Research (National Principles), National Principle 5 (NP5) when their researchers win national competitive grants. It identifies the problems that they face with compliance both before and during the research project. The article concludes that universities should review, and if necessary, upgrade internal practices for practical risk management as a way of dealing with the obligations that NP5 imposes. It also recommends that the ARC and other national research councils should be proactive in initiating a review of NP5 and its intended purpose. It may be necessary for universities to be proactive in initiating this review.