Roche Products Inc. v. Bolar Pharmaceutical Co., 733 F.2d 858 (Fed. Cir. 04/23/1984)

Case Description

The Court of Appeals for the Federal Circuit (CAFC) ruled that the experimental use exception in US patent law is truly narrow. Where the subject matter of a patent is made or used as an experiment, whether for the gratification of scientific tastes, or for curiosity, or for amusement, the interests of the patentee are not antagonized, the sole effect being of an intellectual character in the promotion of the employer's knowledge or the relaxation afforded to his mind. But if the products of the experiment are sold, or used for the convenience of the experimentor, or if the experiments are conducted with a view to the adaptation of the invention to the experimentor's business, the acts of making or of use are patent infringements. This decision was taken prior to the introduction into US law of a new regulatory review exception under the Drug Price Competition and Patent Term Restoration Act ("Hatch-Waxman Act").

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Case Summary
Post-grant flexibilities