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Interviews with personnel from firms, universities, and other organizations indicate that biomedical typically proceeds despite challenges posed by a growing number of patents on tools. Respondents address these challenges with licensing, inventing around patents, going offshore, the development and use of public databases and tools, court challenges, and simply using the technology without a license (i.e., infringement), often informally invoking a de facto broad research exemption.
Walsh et al. (Thu,) studied this question.