[geeks] Doorbells

[Jonathan C. Patschke]

On Sat, 22 Mar 2008, Geoffrey S. Mendelson wrote:

>> To the best of my knowledge, that is actually the case in the US,
>> but, it's a law I cannot keep on good conscience.  I do not give the
>> government my consent to regulate what I build and create for my own
>> purposes (provided I'm not harming others with those creations).
>
> You can in the privacy of your home, or in a commercial labratory
> duplicate a patented device. You may then use the device as a basis
> for a new, improved device, or a new previously unthought of
> application.

35 USC 271a is pretty clear on this:

    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.

The "makes, uses" bit of that was why the Unisys LZW patent was so
explosive in the free software movement.  Nothing was being sold.  If
patents only applied to sales of software and licenses, software patents
wouldn't be an issue in the free software and Internet standards
communities.

The case you mention specifically is true and is covered in 35 USC 301.
However, I'm talking about taking a patent for something I want to
build, and building it for my own personal use without any intent to
patent the improvements.  I grudgingly recognize the government's
authority to regulate the marketplace, but I do not consent to their
regulating what I do with my spare time and talent, especially for my
own enjoyment.

It's worth noting, though, that 35 USC Chapter 29 bases the remedies for
infringement upon sales and attorney fees.  So, anyone who wanted to sue
me would likely only get up to three times "a reasonable royalty" plus
interest and attorney fees.  I can't imagine it'd be worth some
company's time to go after whatever curiosities I build around the
house.

-- 
Jonathan Patschke | "There is no such thing as a short of reserves...
Elgin, TX         |  one bank can have a problem...the Fed can print
USA               |  money, there is no shortage."
.                 |     --Jim Glassman, US Economist, JPMorgan Chase