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rmatel
12-03-2001, 06:59 PM
It's been my understanding that one may produce a patented item for personal use, but one may not profit from it. Can anyone cite a reference to the contrary?

Oso
12-03-2001, 09:20 PM
It is true, but not generally known that the patent holder has a "remedy" against any user of the patent, including an end user.

The famous Auto patent that Henry Ford got thrown out was notable for the threat of the patent holders and the "Association of Licenced Automobile Manufacturers" to go after the actual consumer owners of the "infringing" Ford autos.
In theory, they could have forced the end user to pay the license fee that Ford did not, or, conceivably, they could have enjoined the owners from using their Ford autos at all pending the court's decision.

There is a valid argument that you will "profit" from the daily use of the infringing item in the manner in which it was designed to be used by the patent holder.

Since you did not buy the item from the patent holder or a licensee, you paid no fee, and you will therefore have reduced the patent holder's legitimate licence fees by the amount of fee due on your item.

Fair use applies to copyrights, but does not necessarily therefore allow you to copy a work in its entirety for your own use in order to avoid purchase.

Thrud
12-04-2001, 12:42 AM
Well said...

Dave

Daubie
12-04-2001, 05:34 AM
<font face="Verdana, Arial" size="2">Originally posted by rmatel:
It's been my understanding that one may produce a patented item for personal use, but one may not profit from it. Can anyone cite a reference to the contrary?</font>
-----------------------------
HI guys and gals,

Here you go:
United States Patent and Trademark Office Home Page
Address:
http://www.uspto.gov/ Changed:1:57 PM on Friday, November 2, 2001

Kurt

rmatel
12-04-2001, 06:44 PM
Ok, I surrender ;-)
"The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention."

Ron LaDow
12-04-2001, 08:36 PM
A friend of mine who holds several patents qualified them as a 'liscence to sue'. Point being that as the holder of the patent, it is your responsibility to take action.
Ron LaDow

Oso
12-04-2001, 09:11 PM
And, I would far rather have a copyright or trademark than a patent (although I do have a patent).
The lawsuit is a patent case gets messy and subjective. Who did what, and when, and fine points of what was patented, the intent of the patent proceedings, etc, etc, are large factors, but hard to pin down.

In most copyright cases, it is pretty clear what is up, and all that has to happen is to clearly point out the plagiarism.
Once in a while, there is a sticky point even there.

"patent pending" is the nicest thing to be able to put on your product. There is protection, if the patent issues, but everything is secret for 18 months, so it scares off competitors legal counsel. Sweet.

Thrud
12-05-2001, 12:59 AM
Gents

Patent lawyers have told us in Canada you are better protected with an "Industrial Design" award as it is easier to defend and prevent modification and subsequent reapplications for patents based on those modifications. Only effective for about 7 years.

Short and to the point - if you do have something outstanding spend a grand or two and talk to a patent lawyer before doing anything.

Dave



[This message has been edited by Thrud (edited 12-05-2001).]