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Guest
Posted: Tue Feb 26, 2008 6:39 am
Duane C. Johnson <redrok@redrok.com> wrote:

Quote:
If a technology is a threat to an existing large industry
it is often bought out and then shelved simply because
they have already invested billions in the old technology.

That is not legally permitted. If you can show that a patent
holder is "shelving" an invention then the patent reverts to
the public domain. Then anyone can use it, even you.

Is there really such a law? Sounds hard to prove. Suppose a patent owner
simply demands a very high price for licenses, or decides to manufacture
the product exclusively? IIRC, RCA shelved some microwave semiconductor
patents for years in order to further sales of their klystrons. I would
guess that antitrust and restraint-of-trade laws do not apply to patented
inventions, which have a legal monopoly.

Quote:
Remember, the royalties are required to be reasonable, not
so high as to suppress the idea, that would not be legal.

Our digital cellphone standards committees required voluntary agreements
on reasonable royalties from member companies as a condition of
participation, but that wasn't a legal requirement, and
the word "reasonable" was left vague.

Nick, Registered US Patent Agent
Guest
Posted: Tue Feb 26, 2008 6:43 am
Windsun <windsun@wind-sun.com> wrote:

Quote:
Just because something is patented does not mean that someone cannot make it.

Wrong. US code says it's strictly illegal to make even one, for your own use,
in your basement.

Nick
Buy_Sell
Posted: Tue Feb 26, 2008 7:18 am
Guest
You think that idea is great, have a look at this idea. Even NASA got
involved to help out with this project. These are commercially
available but it seems only for big industry. I envision this idea
being of use in every household across the planet. Can you image
getting steam heat from water in only 3 seconds by nothing more than
mechanical movement? It sounds impossible but do a bit of research
and you will see that this idea is for real.
http://www.youtube.com/watch?v=yh_-DUKQ4Uw


On Jan 26, 8:00 pm, "jim" <j...@home.net> wrote:
Quote:
Here's a great idea for building more energy-efficient homes. And, as a
fellow inventor, I understand the use of patents quite well. But, when it
comes down to a patented concept that could do so much good to reduce the
increasing need for energy in heating and cooling homes, I sometimes wonder
if the greater good would not be served by some public or private program to
compensate the inventors and release it to the general public.

http://www.enertia.com/Science/HowItWorks/tabid/68/Default.aspx

jim
Anthony Matonak
Posted: Tue Feb 26, 2008 7:25 am
Guest
nicksanspam@ece.villanova.edu wrote:
Quote:
Windsun <windsun@wind-sun.com> wrote:

Just because something is patented does not mean that someone cannot make it.

Wrong. US code says it's strictly illegal to make even one, for your own use,
in your basement.

You're both right.

Just because something is illegal doesn't mean you can't do it. :)

Anthony
--
Don't do the crime if you're not willing to do the time.
Bob Eld
Posted: Tue Feb 26, 2008 12:09 pm
Guest
<nicksanspam@ece.villanova.edu> wrote in message
news:fq0qha$46@acadia.ece.villanova.edu...
Quote:
Windsun <windsun@wind-sun.com> wrote:

Just because something is patented does not mean that someone cannot make
it.

Wrong. US code says it's strictly illegal to make even one, for your own
use,
in your basement.

Nick


Please site the law that says that.

Patents are a civil matter and not apart of criminal law. Patents are
violated all of the time and it is up to the patent holder to seek civil
remedies if he feels his patent has been violated. There is nothing
automatic about it or anything the government or patent office will do to
rectify an infrigment. A patent simply grants the owner the right to the
invention but does not enforce that right.

There is not a patent ever been granted that cannot be circumvented by
changes in design, process or method. In fact one of the main purposes of
patents is to disseminate information and make public the state of the art.
We look at patents to see what others are doing.

Engineers and designers are often advised to never let an existing patent
interfere with their work, development or invention. In otherwords work on
what you want without regard to what others have done. If the invention
should proceed to manufacturing, the legal departments will sort out the
patent issues, obtain licenses or litigate as required. In otherwords let
the lawyers worry about it.

Its absurd to think that patents are holding back progress or great
inventions are being kept from the public.
Guest
Posted: Tue Feb 26, 2008 1:04 pm
Bob Eld <nsmontassoc@yahoo.com> wrote:

Quote:
US code says it's strictly illegal to make even one, for your own use,
in your basement.

Please site the law that says that.

It starts with Article 1, section 8 of the US constitution, and continues
through Title 35, Part III, Chapter 28, Section 271, Paragraph (a) of
the US Code. Subsection (4) of Paragraph (d) says refusing to license
others, ie "shelving" is OK...

A patent grants a property right to the patent owner. "Trespassing"
without the owner's permission is illegal.

Nick
Bob Eld
Posted: Tue Feb 26, 2008 2:44 pm
Guest
<nicksanspam@ece.villanova.edu> wrote in message
news:fq1gqn$fm@acadia.ece.villanova.edu...
Quote:
Bob Eld <nsmontassoc@yahoo.com> wrote:

US code says it's strictly illegal to make even one, for your own use,
in your basement.

Please site the law that says that.

It starts with Article 1, section 8 of the US constitution, and continues
through Title 35, Part III, Chapter 28, Section 271, Paragraph (a) of
the US Code. Subsection (4) of Paragraph (d) says refusing to license
others, ie "shelving" is OK...

A patent grants a property right to the patent owner. "Trespassing"
without the owner's permission is illegal.

Nick


Nowhere in any of those documents does it say that it is illegal to make
even one in your basement. Cite one case where tresspass law has been
applied to patents. Cite one case where patent grantees have not had to
pursue their rights and claims in the civil courts to gain a remedy for
infringment.

As I said you can make, copy or infringe all you want but it is up the the
patent owner to pursue his rights to the patent in the courts and the
remedies he gains are civil. Nothing prevents you from making, manufacturing
or even selling objects covered under anothers patent unless he prevails in
court against you. If he doesn't take it to court or if he loses in court,
you are not in any way prevented from infringing on his patent.
Windsun
Posted: Tue Feb 26, 2008 2:50 pm
Guest
Uhm...

95% of all patents are used by someone OTHER than the patent holder.

I did not say it was free, I said that a patent did not prevent it from
being made.

...................................................................................................
<nicksanspam@ece.villanova.edu> wrote in message
news:fq0qha$46@acadia.ece.villanova.edu...
Quote:
Windsun <windsun@wind-sun.com> wrote:

Just because something is patented does not mean that someone cannot make
it.

Wrong. US code says it's strictly illegal to make even one, for your own
use,
in your basement.

Nick
Dan Bloomquist
Posted: Tue Feb 26, 2008 2:55 pm
Guest
Bob Eld wrote:
Quote:
nicksanspam@ece.villanova.edu> wrote in message
news:fq1gqn$fm@acadia.ece.villanova.edu...
Bob Eld <nsmontassoc@yahoo.com> wrote:

US code says it's strictly illegal to make even one, for your own use,
in your basement.
Please site the law that says that.
It starts with Article 1, section 8 of the US constitution, and continues
through Title 35, Part III, Chapter 28, Section 271, Paragraph (a) of
the US Code. Subsection (4) of Paragraph (d) says refusing to license
others, ie "shelving" is OK...

A patent grants a property right to the patent owner. "Trespassing"
without the owner's permission is illegal.

Nick


Nowhere in any of those documents does it say that it is illegal to make
even one in your basement. Cite one case where tresspass law has been
applied to patents.

In Europe you can freely use patented material for non profit individual
use. In the U.S. the patent holder could litigate.

Quote:
Cite one case where patent grantees have not had to
pursue their rights and claims in the civil courts to gain a remedy for
infringment.

Probably won't find one as the cost of litigation is not worth the minor
infringement.
Guest
Posted: Tue Feb 26, 2008 2:56 pm
Bob Eld <nsmontassoc@yahoo.com> wrote:

Quote:
US code says it's strictly illegal to make even one, for your own use,
in your basement.

Please site the law that says that.

It starts with Article 1, Section 8 of the US Constitution, and continues
through Title 35, Part III, Chapter 28, Section 271, Paragraph (a) of
the US Code. Subsection (4) of Paragraph (d) says refusing to license
others, ie "shelving" is OK...

A patent grants a property right to the patent owner. "Trespassing"
without the owner's permission is illegal.

... Cite one case where tresspass law has been applied to patents.

No thanks. I'd rather argue with people who can spell :-)

Nick
Guest
Posted: Tue Feb 26, 2008 2:58 pm
Windsun <windsun@wind-sun.com> wrote:

Quote:
... I said that a patent did not prevent it from being made.

But it does, without the patent owner's permission.

Nick
Bob Eld
Posted: Tue Feb 26, 2008 7:20 pm
Guest
"Dan Bloomquist" <public21@lakeweb.com> wrote in message
news:lgZwj.4984$Sa1.1416@news02.roc.ny...
Quote:
Bob Eld wrote:
nicksanspam@ece.villanova.edu> wrote in message
news:fq1gqn$fm@acadia.ece.villanova.edu...
Bob Eld <nsmontassoc@yahoo.com> wrote:

US code says it's strictly illegal to make even one, for your own
use,
in your basement.
Please site the law that says that.
It starts with Article 1, section 8 of the US constitution, and
continues
through Title 35, Part III, Chapter 28, Section 271, Paragraph (a) of
the US Code. Subsection (4) of Paragraph (d) says refusing to license
others, ie "shelving" is OK...

A patent grants a property right to the patent owner. "Trespassing"
without the owner's permission is illegal.

Nick


Nowhere in any of those documents does it say that it is illegal to make
even one in your basement. Cite one case where tresspass law has been
applied to patents.

In Europe you can freely use patented material for non profit individual
use. In the U.S. the patent holder could litigate.

Cite one case where patent grantees have not had to
pursue their rights and claims in the civil courts to gain a remedy for
infringment.

Probably won't find one as the cost of litigation is not worth the minor
infringement.

Yep, the patent holder could litigate but the cost of litigation prevents
most trivial cases against minor infrignment. The point is that it is not
automatic nor is it a matter for criminal law, the district attorney or even
the patent office to uphold a patent. They don't care who infringes on whom,
it's up to the civil courts and only when a suit is filed.
Bob Eld
Posted: Tue Feb 26, 2008 7:21 pm
Guest
<nicksanspam@ece.villanova.edu> wrote in message
news:fq1ndb$gr@acadia.ece.villanova.edu...
Quote:
Bob Eld <nsmontassoc@yahoo.com> wrote:

US code says it's strictly illegal to make even one, for your own
use,
in your basement.

Please site the law that says that.

It starts with Article 1, Section 8 of the US Constitution, and
continues
through Title 35, Part III, Chapter 28, Section 271, Paragraph (a) of
the US Code. Subsection (4) of Paragraph (d) says refusing to license
others, ie "shelving" is OK...

A patent grants a property right to the patent owner. "Trespassing"
without the owner's permission is illegal.

... Cite one case where tresspass law has been applied to patents.

No thanks. I'd rather argue with people who can spell :-)

Nick

Ha! Gotcha....Can't do it can ya.
NotMe
Posted: Tue Feb 26, 2008 8:39 pm
Guest
<nicksanspam@ece.villanova.edu> wrote in message
news:fq1ngi$ha@acadia.ece.villanova.edu...
| Windsun <windsun@wind-sun.com> wrote:
|
| >... I said that a patent did not prevent it from being made.
|
| But it does, without the patent owner's permission.
|

That's the price of development and innovation.

In return for disclosure the world gains access to ideas that are archived
and can be expanded.

Without the patent system we would not have access to generic drugs or the
transistor among other technology.
NotMe
Posted: Tue Feb 26, 2008 10:02 pm
Guest
<nicksanspam@ece.villanova.edu> wrote in message
news:fq0qha$46@acadia.ece.villanova.edu...
| Windsun <windsun@wind-sun.com> wrote:
|
| >Just because something is patented does not mean that someone cannot make
it.
|
| Wrong. US code says it's strictly illegal to make even one, for your own
use,
| in your basement.
|
| Nick


Cite?

BTW corporations all over the work do just that as part of a practice of
re-engineering.
 
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