Article View: comp.patents
Article #19[DISC] Experimental Use (was Re: [ADMIN] Comp.patents FAQ
From: Dan Bernstein
Date: Sun, 26 Jul 1992 16:11
Date: Sun, 26 Jul 1992 16:11
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[mod- Hmm... There seems to be some contradiction here.... Anybody wish to discuss so we can formualate something as this is a question that comes up all the time] Two additions to the FAQ: > (v) Can I build a patented device for my own use and enjoyment? > People build infringing items in their sheds all the time, I suppose. But > in most countries including the US, this is no defense to infringement. No. There is a strong precedent that ``experimental use does not infringe a patent.'' There is case law at least from 1935, 1937, 1943, 1958, 1962, and 1978 supporting this; in the 1978 case, the company defending itself for experimental use was IBM! Two of the cases defined ``experimental use'': viz., ``experiments for sole purpose of gratifying philosophical taste or curiosity or for instruction and amusement.'' Such use never infringes a patent. > In the United States, the founders of the Constitution > recognized the value of patents in Section 8 of the US Constitution: An alternate, and historically better documented, viewpoint is that the founders did everything they could to _reduce_ the power of monopolies. See prep.ai.mit.edu:pub/lpf/laf-fallacies.texi.Z for some interesting discussion of this issue. ---Dan
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Newsgroups: comp.patents Path: arc1-ca.pugleaf.net!sparky!uunet!munnari.oz.au!metro!basser.cs.su.oz.au!news From: brnstnd@KRAMDEN.ACF.NYU.EDU (Dan Bernstein) Subject: [DISC] Experimental Use (was Re: [ADMIN] Comp.patents FAQ Organization: IR Date: Sun, 26 Jul 1992 16:11:52 GMT Approved: patents@cs.su.oz.au Message-ID: <1992Jul28.111509.16616@cs.su.oz.au> Sender: news@cs.su.oz.au (News) Lines: 28