Legal Question in Business Law in New York

Re: Patent Laws

DISCLAIMER: I AM NOT A PATENT ATTORNEY, NOT ADMITTED to PATENT BAR.

I advise you to RE-SUBMIT this question to the INTELLECTUAL PROPERTY category in ther hope of eliciting a patent attorney's answer, or ask a patent attorney's opinion.

In the mean time, allow me to suggest that you do an Internet search on Title 35 of the U.S. Code, Section 154.

Section (d (1) (A) (i) of that statute seems to state that anybody who "makes, uses, offers for sale or sells" a patented invention, is infringing that patented invention, even if he or she only "makes or uses" it for his or her own use.

However, do not rely exclusively on my research, since I am not a patent lawyer,, nor your own research; get a second opinion from a patent attorney admitted to the patent bar.

Section (d) of my copy of that statute (downloaded just now from the Internet) states:

d) PROVISIONAL RIGHTS.-

(1) IN GENERAL.- In addition to other rights provided by this section, a patent shall include the right to obtain a reasonable royalty from any person who ...

(A) (i) makes, uses, offers for sale, or sells in the United States the invention as claimed in the published patent application or imports such an invention into the United States; or

(ii) if the invention as claimed in the published patent application is a process, uses, offers for sale, or sells in the United States or imports into the United States products made by that process as claimed in the published patent application; and

(B) had actual notice of the published patent application and, in a case in which the right arising under this paragraph is based upon an international application designating the United States that is published in a language other than English, had a translation of the international application into the English language.

(2) RIGHT BASED ON SUBSTANTIALLY IDENTICAL INVENTIONS.- The right under paragraph (1) to obtain a reasonable royalty shall not be available under this subsection unless the invention as claimed in the patent is substantially identical to the invention as claimed in the published patent application.