Ways of infringing on a patent
- Direct infringement: professional use
- Production and marketing, possession for such purposes etc
- Professional use as a tool
- Ignorance is no excuse
- Private use excluded
- Indirect or contributory infringement: actively/knowingly encouraging
selling or supplying items. "In good faith" -excuse possible (but damages
may be awarded anyway).
- Requires action from patent holder; "submarine patents"
- Sanctions: "Full damages", fines and/or prison.
-
Selling "kit" of instructions and raw materials can be
direct infringement.
-
If "invention" is a process involving a computer program, selling or
distributing the program is only indirect (contributory) infringement,
its use by the end user a direct one.
-
If "invention" is program by itself, distribution is direct
infringement.
-
Publication in the Internet is distribution!
Prev: Patents in general
Next: Format and protocol patents
Index: Copyrights, Patents and FLOSS