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4 posts

Wannabe Geek


Topic # 160511 9-Jan-2015 14:11
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Hello,

As I understand it, a patent gives the patent holder rights to exclude others from using the patented thing in a commercial product, but does it prevent someone else from making and using something for personal use as a hobbyist? Could one infringe a patent just by blogging about using or making something covered in a patent for example, even if it were not for sale?

Also, has the 'optimizeip.com' website gone?

-z


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483 posts

Ultimate Geek
+1 received by user: 286

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  Reply # 1211169 9-Jan-2015 14:32
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IANAL

I found this....

http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=256317
12. Most of the Member States provide the private and/or non-commercial use exception under their statutes. Only the response from Australia informed that the exception was not included in its statutes, but provided by common law as a “non-commercial use defense”

Technically patents are publicly available documents, fair use suggests they may be quoted. The technical press regularly discuss existing patents and comment on their potential applications.

Whether a blog post is considered a "laboratory log book entry" or an "incitement to infringe" is another matter!


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