Re: So say I wanted to sell something...


"John Fields" <jfields@xxxxxxxxxxxxxxxxxxxxx> wrote in message
news:u1v8721c29ijg6n98l4vdseec79pl94dpc@xxxxxxxxxx
On Wed, 24 May 2006 10:02:31 +1000, Clifford Heath
<no.spam@xxxxxxxxxx> wrote:

Zak wrote:
But not all use is infringement. If I write an article about how some
patented A/D converter works or seems to work - am I infringing the
patent?

Possibly yes, if your article could be construed as encouraging others
to infringe the patent. That is an infringement by itself.

---
Since the material was made public by the government, there is no
prohibition in disseminating it. However, encouraging infringement
isn't infringement, it's something akin to being an accessory.

http://en.wikipedia.org/wiki/Accessory_(legal_term)

Also germane is the actual text of the law.

http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_271.htm

I guess what is at question is whether describing how a patented device
works, based either on the patent's public declaration or on independent
evaluation of the device, is "actively inducing infringement". It might be
warning against infringement by describing the areas claimed by the patent,
or it might be an investigation of the devices functions not covered by its
patent. Wothout seeing the details of a specific case, I cannot say.


.

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