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MMD > Archives > May 2002 > 2002.05.06 > 10Prev  Next


Value of Patenting Ideas
By Don Shenbarger

Andy LaTorre wrote in 020505 MMDigest:

> From what I understand about patents and such ... one could privately
> do whatever one wants with any patented idea as long as one does not
> sell it.  Now if I use the machine to do something, like make
> perforated player piano rolls, then I believe that no one can stop
> me just because I use patented technology to make the rolls.  I am
> not selling the patented idea, just using it.  Does anyone agree or
> disagree with my opinion?

In a nutshell, as I understand it from 40 years of working in
mechanical engineering, you cannot make anything that is patented for
your own use or for any other purpose.  The text of the Code of Federal
Regulations mirrors that statement:

TITLE 35 > PART III > CHAPTER 28 > Sec. 271. Sec. 271.

Infringement of patent:

(a) Except as otherwise provided in this title, whoever without
authority makes, uses, offers to sell, or sells any patented invention,
within the United States or imports into the United States any patented
invention during the term of the patent therefor, infringes the patent.

Don Shenbarger

 [ Couldn't Andy obtain license from the patent owner to build a machine
 [ himself, and use it to produce music rolls for sale?  Under what
 [ conditions must the patent owner grant license?  -- Robbie


(Message sent Mon 6 May 2002, 17:16:21 GMT, from time zone GMT-0400.)

Key Words in Subject:  Ideas, Patenting, Value

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