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Can a product contain a patented technology without using it ?

S

Skybuck Flying

Hi,

Suppose one makes a product which contains "patented technology X" but it
doesn't use it.

The product has an option/switch which allows the users to turn on the
"patented technology X".

This option/switch would allow the user to decide if he uses the technology
yes or no.

For example if the user is in a country where the technology is patented he
could decide not to use it, otherwise he could use it.

Is it allowed to embed "patented technologies" like this ?

Bye,
Skybuck.
 
C

CJT

Skybuck said:
Hi,

Suppose one makes a product which contains "patented technology X" but it
doesn't use it.

The product has an option/switch which allows the users to turn on the
"patented technology X".

This option/switch would allow the user to decide if he uses the technology
yes or no.

For example if the user is in a country where the technology is patented he
could decide not to use it, otherwise he could use it.

Is it allowed to embed "patented technologies" like this ?

Bye,
Skybuck.
Why do you think every country's courts would agree on something like that?
 
S

Skybuck Flying

CJT said:
Why do you think every country's courts would agree on something like
that?

Not all countries support patent systems or software patent systems and last
but not least the product isn't using it ? Simple really ;)

Bye,
Skybuck.
 
J

John Larkin

Hi,

Suppose one makes a product which contains "patented technology X" but it
doesn't use it.

The product has an option/switch which allows the users to turn on the
"patented technology X".

This option/switch would allow the user to decide if he uses the technology
yes or no.

For example if the user is in a country where the technology is patented he
could decide not to use it, otherwise he could use it.

Is it allowed to embed "patented technologies" like this ?

People who know nothing about the law tend to assume cute tricks like
this work. They don't.

John
 
W

Wot a World

Hi,

Suppose one makes a product which contains "patented technology X" but it
doesn't use it.

The product has an option/switch which allows the users to turn on the
"patented technology X".

This option/switch would allow the user to decide if he uses the technology
yes or no.

For example if the user is in a country where the technology is patented he
could decide not to use it, otherwise he could use it.

Is it allowed to embed "patented technologies" like this ?

Bye,
Skybuck.

Not in the United States.

http://www.uspto.gov/main/glossary/index.html#patentinfringement
http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_271.htm#usc35s271

In the second citation see (f)(1) which applies specifically to your scenario.
 
P

Pig Bladder

Hi,

Suppose one makes a product which contains "patented technology X" but it
doesn't use it.

What would be the point of "containing" something that you don't "use"?

When I go to fantasyland, I at least think of stuff that feels good.
 
T

Tom MacIntyre

What would be the point of "containing" something that you don't "use"?

When I go to fantasyland, I at least think of stuff that feels good.

Ever hear of the 486SX? :)

Tom
 
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