Re: [DIYbio] Is it legal to reproduce an electrospray device?

In Europe, it's almost always legal to make use of patented stuff for personal applications. That means, unless you're making a profit somehow, either by using or selling the device, you probably don't have to worry about it. This may be a different matter in specific countries; "Your Milage May Vary". :)

On 2 April 2012 19:35, Avery louie <inactive.e@gmail.com> wrote:

You can almost definitely make it.  The point of patenting technology is full disclosure of the discovery so that others can do research on it/work with it.  It is to prevent groundbreaking tech from being secreted away, it is kind of like a contract between the government and the inventor saying "you have commercial rights to this for 20 years, as long as you let other people know what is going on"

Simon is pretty much right.

--A

On Mon, Apr 2, 2012 at 2:05 PM, Simon Quellen Field <sfield@scitoys.com> wrote:

The government is not going to go after you.

The patent owner has to sue you.

They can sue to stop you, or they can try to prove damages.

But since it would probably not be in their interest to waste lawyer money on you, they

might just send you a letter asking you not to. But most likely, they will never know you

exist.

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On Mon, Apr 2, 2012 at 9:10 AM, Bryan Bishop <kanzure@gmail.com> wrote:

On Mon, Apr 2, 2012 at 10:55 AM, Forrest Flanagan <solenoidclock@gmail.com> wrote:

AFAIK, if it's for yourself, you can do whatever you want with anyone's IP.

Not quite. Apparently in U.S. law that still counts as patent infringement. See 35 U.S.C. 271.

"Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefor, infringes the patent."

http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_271.htm

But in most cases, nobody cares. I don't recall if there has been any cases brought before a judge that tested whether or not non-revenue-generating infringement can be fined.

While looking up a specific quote to that effect on Wikipedia, this caught my eye:

http://en.wikipedia.org/wiki/Patent_infringement#Patent_infringement_insurance

... so maybe we should start dolling out patent infringement insurance to open source hardware builders (who aren't selling, just building or making related kits; and who don't own a patent on their work).

- Bryan
http://heybryan.org/
1 512 203 0507

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