Group: alt.energy.homepower
From: "Bob Eld"
Date: Tuesday, February 26, 2008 12:44 PM
Subject: Re: A great idea hampered by patents....


wrote in message
news:fq1gqn$fm@acadia....
> 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. 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.

As I said you can make, copy or infringe all you want but it is up the the
patent owner to pursue his rights to the patent in the courts and the
remedies he gains are civil. Nothing prevents you from making, manufacturing
or even selling objects covered under anothers patent unless he prevails in
court against you. If he doesn't take it to court or if he loses in court,
you are not in any way prevented from infringing on his patent.