07-24-2003, 03:21 PM
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sex dwarf
Join Date: May 2002
Posts: 17,860
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Quote:
Originally posted by Amputate Your Head
Question: What does it mean to "infringe" a patent?
If you are accused of patent infringement, you are accused of having made, sold or offered for sale an invention described in one of the claims of a valid patent, without the patent owner's authorization.
and...
Question: What does it mean to obtain a license for a patent?
Patent laws grant the patent owner rights to exclude others from making, using, or selling the patented invention. Using a contract called a "license," a patent owner may choose to allow one or more others to make, use and/or sell the invention, usually in exchange for payment.
Seems to me that no one they're going after is making or selling the "invention"... the "invention" being the technology. The technology is merely being used.
I make the anology that someone makes a piece of Flash... they're not making or selling Macromedia's Flash software (the invention).... it's merely being used as intended.
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Without reading the rest of this thread:
Quote:
Originally posted by Amputate Your Head
<b>Patent laws grant the patent owner rights to exclude others from making, <font color="red"><b>using</b></font>, or selling the patented invention. Using a contract called a "license," a patent owner may choose to allow one or more others to make, use and/or sell the invention, usually in exchange for payment.
</b>
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