I am a student and wanted to do some research on graphene on how to mass produce it and I was wondering before starting my project on the wondrous material. So my question is, Is this a free patent? Am I allowed to test graphene?

  • Could you make a reference to which patent you are talking about.
    – Soren
    Aug 7, 2014 at 11:38

2 Answers 2


Nobody can stop you from playing with Graphene-- it is in your pencil. Graphene wasn't invented, it was discovered.

Means of producing graphene (such as in sheets) and ways to use it are being patented.

So you can do experiments on it and ways to produce it. If you want to develop and commercialize your own way to produce or use it, then you need to consider a strategy for dealing with the IP. I won't advise you on those legal issues, but here is one nice reference: http://www.neustel.com/Patent-Infringement/How-To-Avoid-Patent-Infringement.aspx

  • Graphene was first isolated in 2004, it is graphite (a mineral with a similar chemical makeup) that is used in pencils. The other part of your answer - means of producing - is correct but would benefit from examples. Such an example is US20130315814.
    – user9824
    Jun 12, 2014 at 15:15

Further to this, experimental use of patented inventions does not generally constitute infringement under the doctrine of experimental use. It is part of the quid pro quo bargain of patent systems.

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