Group: alt.energy.renewable
From: Dan Bloomquist
Date: Tuesday, February 26, 2008 12:55 PM
Subject: Re: A great idea hampered by patents....

Bob Eld wrote:
> wrote in message
> news:fq1gqn$fm@acadia.ece.villanova.edu...
>> Bob Eld 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.

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