🚀 go-pugleaf

In article <1991May20.000757.16705@ux1.cso.uiuc.edu> phil@ux1.cso.uiuc.edu (Phil Howard KA9WGN) writes:
>brnstnd@kramden.acf.nyu.edu (Dan Bernstein) writes:
>
>>Sorry, folks, but this line of argument doesn't show that software or
>>algorithm patents are self-contradictory. Implementing a patented method
>>is okay; it's *using* the method that infringes the patent.
>
>But WHO is the infringer by *using* ???

From Title 35 of the United States Code, Section 271:
"(a)... WHOEVER without authority makes, USES or sells any patented invention,
within the United States during the term of the patent therefor, infringes
the patent." [emphasis added]

>If I implement a program using the method, publish it stating that it is
>just an example as part of an explanation of how the patent really works,
>then someone USES that implementation, then WHO has infringed?

At least the person who uses the implementation has infringed.

			Lee Hollaar
			Professor of Computer Science
			Registered Patent Agent