Once again, I wish non-lawyers would ask question before interpreting the
patent law. The experimentation exception referred to in that wikipedia
article [§271(e)(1) or "Hatch-Waxman" exemption] is largely relevant to
pharmaceuticals in process of tests and experiments for regulatory approval.
It has nothing whatsoever to do with software that doesn't get approved by
This is one application, however in Madey vs. Duke the appeals court
for the Federal Circuit allowed an experimentation defense for purposes of
"amusement, to satisfy idle curiosity, or for strictly philosophical inquiry"
as long as this experimentation is not
"in furtherance of the alleged infringer’s legitimate business".
Internationally, Article 30 or TRIPS allows member states
to provide experimentation exceptions unrelated to regulatory issues.
The experimentation defense is also known in common law,
and was upheld in Whittemore v. Cutter in the early 1800s.
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