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Patent Laws

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

Previous topic - Next topic

0 Members and 2 Guests are viewing this topic.

shruggedatlas

Quote from: argona369 on March 05, 2008, 12:14:02 PM

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

I don't think you can, not in the U.S.  Have no idea about Canada.  However, let's be realistic.  If you do it at home and do not tell anyone, how's anyone going to find out.

argona369

Hi Shruggedatlas

Well that?s not really the problem I was thinking about.
Say I came up with something, posted enough information for someone else to patent it.
Would they then, as the patent holder,
be able to tell me to stop all research and even hand over all materials and prototypes.

In other words , I don?t feel i should share anything that I come up with
anymore.

ken_nyus

I was under the impression in the US you could build a single copy for your own use, this is not true?


capthook

Quote from: argona369 on March 07, 2008, 08:07:36 AM
be able to tell me to stop all research and even hand over all materials and prototypes.

My opinion:

Patents serve a primary purpose of protecting the inventor from unlicensed sales of the device/components so as to offer a means to recoup the inventors investment in development and reward the ingenuity.

A secondary purpose is to advance technology.  Many patents make reference to existing patents - basically improving on the design/function of the original device, or incorporate components of it into a new device.  A separate inventor couldn't possibly make those improvements without building the original device.  This is one of the reasons a patent is so detailed and includes drawings - so that it can be reproduced. (as well as showing in detail what is claimed to be protected)

So - you can certainly build it - test it - redesign it - experiment with it.  You just can sell it (the patented device) or it's components (legally).

AbbaRue

Well there certainly are a lot of opinions on this subject. 
I hope someone with legal background lets us know for sure.
The device I tried to duplicate was invented in Canada and I live in Canada as well,
but the inventer only applied for a USA patent as far as I know.
Of coarse the version I built only remotely resembles the original device and probably could be filed as a different patent.