JamesH
7th March 2006, 5.16 pm
Hi All,
In one of my posts a while back, I mentioned that I wanted to use some of Emmet Chapman's ideas and possibly other's for my instruments.
I was mistaken about part of my post regarding patents on the "accurately cutting a fretboard thread."
I said,
"The patent office's basic disposition is: To objectively catalogue and protect an individual's idea from being itellectually exploited for profits (an objective value) while providing a basis for others to improve upon their work and seek profits. They must seek permission from the patent holder to improve on the idea if they wish to bring it to market."
This is in essence true however Jay is right: You are not allowed to even "make" the object of the patent for your own use even if it is not being brought to the market.
For myself, I am going to be respecting others patents and that means not incorporating their specific idea/s into my instrument.
Below is the text from the US Patent and Trade Office:
http://www.uspto.gov/web/offices/pac/doc/general/#laws
Infringement of Patents
Infringement of a patent consists of the unauthorized making, using, offering for sale, or selling any patented invention within the United States or U.S. Territories, or importing into the United States of any patented invention during the term of the patent. If a patent is infringed, the patentee may sue for relief in the appropriate federal court. The patentee may ask the court for an injunction to prevent the continuation of the infringement and may also ask the court for an award of damages because of the infringement. In such an infringement suit, the defendant may raise the question of the validity of the patent, which is then decided by the court. The defendant may also aver that what is being done does not constitute infringement. Infringement is determined primarily by the language of the claims of the patent and, if what the defendant is making does not fall within the language of any of the claims of the patent, there is no literal infringement.
Suits for infringement of patents follow the rules of procedure of the federal courts. From the decision of the district court, there is an appeal to the Court of Appeals for the Federal Circuit. The Supreme Court may thereafter take a case by writ of certiorari. If the United States Government infringes a patent, the patentee has a remedy for damages in the United States Court of Federal Claims. The government may use any patented invention without permission of the patentee, but the patentee is entitled to obtain compensation for the use by or for the government. The Office has no jurisdiction over questions relating to infringement of patents. In examining applications for patent, no determination is made as to whether the invention sought to be patented infringes any prior patent. An improvement invention may be patentable, but it might infringe a prior unexpired patent for the invention improved upon, if there is one.
In one of my posts a while back, I mentioned that I wanted to use some of Emmet Chapman's ideas and possibly other's for my instruments.
I was mistaken about part of my post regarding patents on the "accurately cutting a fretboard thread."
I said,
"The patent office's basic disposition is: To objectively catalogue and protect an individual's idea from being itellectually exploited for profits (an objective value) while providing a basis for others to improve upon their work and seek profits. They must seek permission from the patent holder to improve on the idea if they wish to bring it to market."
This is in essence true however Jay is right: You are not allowed to even "make" the object of the patent for your own use even if it is not being brought to the market.
For myself, I am going to be respecting others patents and that means not incorporating their specific idea/s into my instrument.
Below is the text from the US Patent and Trade Office:
http://www.uspto.gov/web/offices/pac/doc/general/#laws
Infringement of Patents
Infringement of a patent consists of the unauthorized making, using, offering for sale, or selling any patented invention within the United States or U.S. Territories, or importing into the United States of any patented invention during the term of the patent. If a patent is infringed, the patentee may sue for relief in the appropriate federal court. The patentee may ask the court for an injunction to prevent the continuation of the infringement and may also ask the court for an award of damages because of the infringement. In such an infringement suit, the defendant may raise the question of the validity of the patent, which is then decided by the court. The defendant may also aver that what is being done does not constitute infringement. Infringement is determined primarily by the language of the claims of the patent and, if what the defendant is making does not fall within the language of any of the claims of the patent, there is no literal infringement.
Suits for infringement of patents follow the rules of procedure of the federal courts. From the decision of the district court, there is an appeal to the Court of Appeals for the Federal Circuit. The Supreme Court may thereafter take a case by writ of certiorari. If the United States Government infringes a patent, the patentee has a remedy for damages in the United States Court of Federal Claims. The government may use any patented invention without permission of the patentee, but the patentee is entitled to obtain compensation for the use by or for the government. The Office has no jurisdiction over questions relating to infringement of patents. In examining applications for patent, no determination is made as to whether the invention sought to be patented infringes any prior patent. An improvement invention may be patentable, but it might infringe a prior unexpired patent for the invention improved upon, if there is one.