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   Can verifying patent claims contitute infringement
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   Author  Topic: Can verifying patent claims contitute infringement  (Read 1053 times)
warrendekker
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Can verifying patent claims contitute infringement
« on: Oct 2nd, 2007, 12:19pm »
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Using a hypothetical situation.
 
Man A reads a patent.  He is well-versed in the subject, and cannot believe the claims.  The patent claims that if you mix compound A and compound B, you get product C.  He wishes to verify the claims of the patent, because he is highly suspicious that the process described, won't work.
 
Does Man A infringe the patent, if he mixes compound A and compound B in order to verify if product C is produced...if he duplicates the process described in the patent?  Can an attempt to verify the claims of a patent constitute infringement?
 
Thanks to all who would care to reply.  
 
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MattB
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  mbycer   MBycer
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Re: Can verifying patent claims contitute infringe
« Reply #1 on: Oct 2nd, 2007, 2:23pm »
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Yes, but to what remedy?
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Matthew L. Bycer
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http://www.cvglaw.com
warrendekker
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Re: Can verifying patent claims contitute infringe
« Reply #2 on: Oct 2nd, 2007, 7:14pm »
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Man A is a scientist who reads the patent literature as well as the scientific literature in his discipline.  The claims of the patent go so much against the conventional wisdom of the discipline, that he wants to verify, experimentally, the claims of the patent.  Would this constitute infringement?
 
Thanks.
 
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patent_type
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Re: Can verifying patent claims contitute infringe
« Reply #3 on: Oct 2nd, 2007, 8:08pm »
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Motive is neither material nor relevant.
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Wiscagent
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Re: Can verifying patent claims contitute infringe
« Reply #4 on: Oct 2nd, 2007, 8:42pm »
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If you make a patented item without permission of the patentee, then (generally) you are infringing.  There are some exceptions:
 - patent laws don't apply to the states;
 - the patent has been ruled invalid or unenforcable;
 - the (narrow) research exception applies;
 - you've been selling the product since a year before the patent was applied for
 - and probably several other exceptions.
 
But even if you are infringing the patent, the next question should be "What damages were done to the patentee?"  If the answer is that little or no damage was done to the patentee, then the patentee would have no motivation to sue.
 
Anyway, that's my non-lawyerly opinion.
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Richard Tanzer
Patent Agent
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