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- Newsgroups: comp.patents
- Path: 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
-
- [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
-
-