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Non commercial use of patents is not illegal (groenbaek.net)
10 points by chaostheory on April 13, 2008 | hide | past | favorite | 9 comments


Except he's entirely wrong if he's talking about the US.

The only thing you don't need a license for is for purely speculative work, generally interpreted as nothing more than idle curiosity. Even research (such as trying to build a new invention out of an old one) is technically patent infringement unless you have a license.

Here's the actual law:

     Except as otherwise provided in this title [35 USCS Sects. 1 et seq.], whoever without 
     authority makes, uses or sells any patented invention, within the United States
     during the term of the patent therefor, infringes the patent.
http://www.law.cornell.edu/patent/35uscs271.html

It says nothing about noncommercial use.

If you want confirmation, ask Duke University. It tried to argue that non-commercial research use should be protected in the case Madey v. Duke University. It lost. The Federal Circuit (the court that deals with patent appeals) held that research use is still use of the invention and still violates the law. http://www.bakerbotts.com/infocenter/publications/detail.asp...

Here's another good summary of the Duke case:

    The U.S. Court of Appeals for the Federal Circuit denied an "experimental use defense"
     in a patent infringement lawsuit against Duke University, signaling that academic
     researchers may be liable for use of patented equipment and processes even without
     use for commercial purposes. The court declared that the noncommercial character
     of the research in Madey v. Duke University was irrelevant. What matters is whether
     the research "is in keeping with the alleged infringer's legitimate business,
     regardless of commercial implications." In the case of a university, noncommercial
     research is "legitimate business," subject to the patent laws.
http://www.sciencemag.org/cgi/content/summary/299/5609/1018?...


sigh... I guess US law likes to kill innovation


In real life, nobody ever sues over individual non-commercial use. First, the company is unlikely to ever know. Second, it's just not worth the hassle--suing costs tens of thousands of dollars and they'd recover far less.

The law is on the books, but I wouldn't stress too much if you replicated a patented invention in your basement.


Prior to P2P, which made individual copyright violation easy and fun, no one ever sued over individual non-commercial copyright violation either.

Tape trading mostly went untouched; P2P is being fought.

Making stuff in your basement no problem; Everyone sharing plans for replication on their own 3D printer not likely to go unnoticed.


Regulators will probably respond by extending patents to non-commercial use. After all, if the desktop replicator becomes reality and really manufactures everything, the only asset corporations retain is IP.


Total replacement of manufacturing in the near and medium term is _very_ unlikely, because of the efficiency gains of high volume manufacturing. Things like casting require much less energy per unit of output when you can use a high thermal efficiency furnace for example.

In the long term this won't change, however there might be something that changes to make a surplus of energy a reality so the efficiency drop won't matter.


I dunno, that sounds a little like "electric light bulbs will be nothing more than a novelty item for the rich, they are just not practical for everyday use".

Put another way; There are economies of scale for mass production, but $120/bbl oil to truck those things to people might just make those advantages disappear.


You still need to get the same weight (or possibly more) of raw materials to people, offsetting the cost of transporting finished goods.

There would be some savings, and these same forces are bringing some manufacturing work back onshore, but not a great deal of it yet.


Long term, a large nuclear fusion power infrastructure plus 3D printers might make this a reality.

Also, as someone pointed out above, the central point of this article is incorrect. Manufacturing patented items for non-commercial use is illegal. So you would still expect to see lawsuits regarding illegal copying similar to the current RIAA suits.

Now, if the manufacturing of items becomes a trivial process, one could envision a "dark age" due to the lack of incentive to produce new goods.




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