Patent Protection Fallacies.

Discussion in 'All Things Boats & Boating' started by tom kane, May 2, 2004.

  1. tom kane
    Joined: Nov 2003
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    Location: Hamilton.New Zealand.

    tom kane Senior Member

    True.Just because Patent Letters have been granted for an item,this does not prevent anyone from making that item for their own use,and experementation.You may not market that item if it infringes on the claims
    in the patent application.tom kane :?:
     
  2. duluthboats
    Joined: Mar 2002
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    Location: Minneapolis,MN, USA

    duluthboats Senior Dreamer

    That’s the way it works in the states, unless of course you have a court ruling against doing just that. It cost money to go to court. Welcome to the free world.

    Gary ;)
     
  3. tom kane
    Joined: Nov 2003
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    Location: Hamilton.New Zealand.

    tom kane Senior Member

    Thanks Gary,Any more True fallacies.tom kane
     
  4. Kiteship
    Joined: May 2004
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    Location: SF Bay area

    Kiteship Senior Member

    patent protection

    Actually, this is a commonly held fallacy. Depriving the true inventor of even *one* sale of his invention (the one you built for yourself) contravene's the patent. True in America and Europe. It simply isn't cost effective to prosecute for one infraction. I guess it's like one toke on a joint--its illegal, but you probably won't get caught. OTOH, you can freely build improvements to the patent, and even patent those improvements. It is a given that you'd need to build an (almost) copy of the original in order to improve it... This is likely where the original fallacy came from.

    FWIW, most patent holders are happy to grant you a license to build one (or more) of their devices. As licenses generally run 5-10% of the wholesale cost of the device, legally buying a license doesn't need to cost very much--and you usually get the inventors support, too.

    Dave
    www.kiteship.com
     

  5. tom kane
    Joined: Nov 2003
    Posts: 1,767
    Likes: 48, Points: 58, Legacy Rep: 389
    Location: Hamilton.New Zealand.

    tom kane Senior Member

    Thanks for input Dave,and this info is being researched.Threading around legal documents brings up many different opinions.I agree that trying to "pinch" an invention
    just for the sake of doing that is pointless, but taking an inventive step forward with improvemnnts to an invention and finding where the novel aspects occur, and where infringements of patent claims may be is difficult,as often there is such a fine line.If you do not check you may give away valuable information or infring claims.This applies to your own patent claims also.Tom kane
     
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