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Experimenting With the Experimental-Use Exception: Proposals for a Tax Alternative

R. Andrew Schwentker (J.D. 2008, George Washington) has published Note, Experimenting With the Experimental-Use Exception: Proposals for a Tax Alternative, 76 Geo. Wash. L. Rev. 426 (2008).  Here is the Conclusion:

The experimental-use exception is a controversial subject. Some commentators predict that research conducted by universities will be severely impeded without a broad experimental-use exception, whereas others argue that universities deserve no special treatment and that a broad experimental-use exception decreases incentives for investing in technological innovation. As a compromise between these positions, Congress should adopt a tax regime that would increase university access to patented inventions without foreclosing the ability of patent owners to prevent researchers from infringing their patents.


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