sci.energy

"Dan Bloomquist" wrote in message
news:$@...
> Bob Eld wrote:
> > wrote in message
> > news:fq1gqn$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.
>
> In Europe you can freely use patented material for non profit individual
> use. In the . 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.

Yep, the patent holder could litigate but the cost of litigation prevents
most trivial cases against minor infrignment. The point is that it is not
automatic nor is it a matter for criminal law, the district attorney or even
the patent office to uphold a patent. They don't care who infringes on whom,
it's up to the civil courts and only when a suit is filed.