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

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."


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:
... 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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