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Patent Laws

Started by AbbaRue, March 05, 2008, 12:19:14 AM

Previous topic - Next topic

0 Members and 3 Guests are viewing this topic.

AbbaRue

Hello Everyone:
I have some questions about Patent Laws I hope someone on this forum can answer.
The best way to ask these questions is with a hypothetical situation.

Suppose I come across a US. patent of an over unity device: 
1) Could I legally build a replica of that device for my own personal use and for test purposes, without the patent holders permission?
2) Could I legally include that patent in a book I have written for sale?
3) Could I place the components that make up that device in a kit you assemble yourself and sell that kit?
4) How long is a patent valid before it can be copied by others, free of legal problems?

I think the answer to these questions could be helpful to others.
I did build a device from a patent, and was considering posting my findings, but I reconsidered doing so because I don't want to get into any legal difficulties. 
I have always thought a patent could be copied by anyone for test purposes as long as you don't seek to make money from it.
But perhaps to do so requires the patent holders permission.

Thanks in advance Harold. 




shruggedatlas

Quote from: AbbaRue on March 05, 2008, 12:19:14 AM
Suppose I come across a US. patent of an over unity device: 
1) Could I legally build a replica of that device for my own personal use and for test purposes, without the patent holders permission?
2) Could I legally include that patent in a book I have written for sale?
3) Could I place the components that make up that device in a kit you assemble yourself and sell that kit?
4) How long is a patent valid before it can be copied by others, free of legal problems?

In the U.S., the answers are:

1. No
2. No, not for what you are intending.  It sounds like you are making an instruction manual to sell.  That would constitute indirect infringement.
3. No.  Again - indirect infringement.
4. 20 years after date of filing, I believe.

one

Quote from: AbbaRue on March 05, 2008, 12:19:14 AM
Hello Everyone:
I have some questions about Patent Laws I hope someone on this forum can answer.
The best way to ask these questions is with a hypothetical situation.

Suppose I come across a US. patent of an over unity device: 
1) Could I legally build a replica of that device for my own personal use and for test purposes, without the patent holders permission?
2) Could I legally include that patent in a book I have written for sale?
3) Could I place the components that make up that device in a kit you assemble yourself and sell that kit?
4) How long is a patent valid before it can be copied by others, free of legal problems?

I think the answer to these questions could be helpful to others.
I did build a device from a patent, and was considering posting my findings, but I reconsidered doing so because I don't want to get into any legal difficulties. 
I have always thought a patent could be copied by anyone for test purposes as long as you don't seek to make money from it.
But perhaps to do so requires the patent holders permission.

Thanks in advance Harold. 


I  don't  know  the  exact laws but I know  that  alot of companies get around  pattents  by studyng  them long enough to find a way to make them   better ,
Once you   can improve   the  idea if you  believe that  patents  of  over unity  devices  are a good idea you  could apply  for a patent  on your improvements,   in effect  the  original  idea  and your   improvement are now  yours.
You  can    list   the original   patent  as " prior  art "  when  showing your  improvements . 

The  relative ease that   a patent can  be   bypassed by  making a change or 2 is one of the reasons that  I don't  think  patents are a good idea for  OU devices .


gary




PulsedPower

You can do whatever you like if you are not in the country where the patent is issued.  You cannot sell or take your product into the country where the patent is issued without running the risk of the patent holder suing you if they find out that you have used a similar idea to the one they patented.

Getting a patent is no guarantee the the device even works.

argona369

Quote from: shruggedatlas on March 05, 2008, 12:31:16 AM
Quote from: AbbaRue on March 05, 2008, 12:19:14 AM
Suppose I come across a US. patent of an over unity device: 
1) Could I legally build a replica of that device for my own personal use and for test purposes, without the patent holders permission?

1. No

Seriously?  You can?t even reproduce it
to see how it works?
what about Canada?