USPTO Seeks Input on an Experimental Use Exception

The U.S. Patent and Trademark Office (USPTO) is asking for public input on the current state of the experimental use exception to patent infringement and whether legislative action should be considered in this area. While the request covers all areas of technology, USPTO specifically identified seeds in the stated scope of interest, pointing to its collaboration with the United States Department of Agriculture (USDA) on promoting fair competition and innovation in seeds and other agricultural inputs. In the Agricultural Marketing Service’s 2023 report on seed competition and intellectual property, USDA and USPTO both committed to evaluating “new proposals for incentivizing and protecting innovation in the seed and agricultural-related space, including the addition of research or breeders’ exemptions for U.S. utility patents.” The views submitted in response to this notice will help USPTO in conducting this evaluation.

ASTA will be preparing comments for submission. Please reach out to Fan-Li Chou and Sam Crowell by July 31 if you would like to participate in preparing the comments. For more information, read the Federal Register notice here.