r f wrote:
Hi,
Another point: The patent law is a commercial law - if you use patented
things not commercially there are not restrictions by the patent law.
Not that this is a proper forum for patent discussions, but this statement is
incorrect, and could lead an unsuspecting person to patent infringment. Any use
of technology covered by a patent is patent infringemnet, whether you make a
cent off it or not.
Any granted patent is enforceable until revoked or it expires, regardless of
what you think its merits are or not.
The only proper course of action is:
1. Dont infringe peoples patents.
2. If you think a patent is invalid or inconvenient or you just dont believe in
patents, for whatever reason, that is not justification for infringement.
3. If you think a patent is invalid (and not just inconvenient or that you dont
believe in patents) for whatever reason, your only proper course of action is to
seek to have the patent re-examined or its validity challenged in court
(depending on the laws of the country the patent is granted in). Before using
the technology protected by a patent.
4. US Patents only apply to the US. A patent is unenforceable outside of any
country it is granted in. And in fact under patent law, if a patent is granted
in a country, and there are not applications in other countries that seek
priority from it, then the technology of that patent becomes public domain in
non-protected countries.
5. A patents protection only extends to the claims in the patent, not the
description of the invention. Often people think a patent claims more than it
does, because of the description, when the claims are much narrower in scope.
6. If in doubt, seek professional advice.
A Patent is a monopoly over technology whether it is used commercially or not.
(The term usually expressed by law is a Monopoly to exploit the technology)
I recommend that anyone that sells technology should read the patent law of the
their country, and the particular countries they trade with.
Dont blindly believe what anyone tells you about patents (especially me), find
out for yourself, read your applicable laws, and seek professional advice.
Steven
