Expert: George H. Morgan, P.E., Patent Agent - 10/29/2010

Question
QUESTION: With copyright laws I have read that it is ok to make copies for personal use under the 'fair use' provision. While this may or may not be true, I would like to know if it violates a patent right if I build a copy of a device - a toy, a wheelchair etc that has been patented. I will not be selling the device or offering it to other people in exchange for any cash or material benefit

ANSWER: There is no fair use provision on patents. It is a violation of the patent to build a copy of a patented anything.

While no one else might know, it is wrong, and you would know. I trust you will listen to your better self on the matter.

By the way, some of the most notorious invention scammers advertise heavily on this site, especially on the experts' profile page, such as, but not restricted to InventionHome, InventHelp (owned by Invention Submission Corp, and both the president of InventHelp & the owner of Invention Submission Corp. have the same last name), and Davison.

Best wishes!

George H. Morgan
Professional Engineer (since 1958)
Registered Patent Agent (since 1973)

---------- FOLLOW-UP ----------

QUESTION: George

Thanks for clearing that up. In any case I do not intend to do something wrong even if 'no one else will know'

This makes inventing or building things very difficult, however. For example, how about a specific example, airplane models that are models of real aircraft? How about building a popular rubber powered balsa model such as the Guillows or Comet rubber powered planes by using their plans and not buying the kit? What about RTP - round the pole flying which is a model tied to a pole so it flies round and round. This is surely patented but many many people try out the system by copying it.

To make things easier - maybe there is a document that answers all these questions - how is the Wikipedia article on patents and its links ?

Sorry for all the questions, but this is a vitally important area for me I do not want to do anything in violation of patent rights, but I do want to invent things.







ANSWER: I doubt any airplane models you make are breaking any patents.

Keep in mind an invention has to be patented in each country where the inventor wants inforcement.

I doubt there are more than a handful of American inventions patented in Sri Lanka. outside of possibly pharmacuetical or perhaps computer type stuff.

U.S. Patents expire 20 years from their filing date. U.S. patents are hard to get these days, and usually pretty narrow.

I doubt you have a problem in Sri Lanka.

If you see something in a store, you want to copy, check for any patent numbers, as people claiming patent protection need to mark their wares with the patent number. If there is one, on the product, check out the number on the U.S. Patent Office Web Site: i.e. www.uspto.gov

I don't see where you have a problem & would not be doing anything unethical unless your found a Sri Lanka patent number on it, which I doubt you would find.

My compliments on being an upright ethical person.

My God bless you and your family.

Best wishes and highest regards.

George H. Morgan
Professional Engineer
Patent Agent


---------- FOLLOW-UP ----------

QUESTION: George

Thanks for the compliment.

Maybe one more follow up, since it is so interesting. What about the Internet, specifically, if I build a model of anything, say a model plane and post pictures or plans on  RC Groups or such a model airplane forum, anyone in the US or any other country will have to check if the patent rights in their country are being violated before they build it?  Should I have a disclaimer?  

Answer
I don't see any problem here. An invention patented in the United States gives the inventor the exclusive rights to manufacture and sell in the United States, only.

So, you can post anything you want on the internet in so far as patents are concerned, but if it is patented in a specific country, you just can't sell it in that given country.

You can make and sell in Sri Lanka whatever you want, as long as it isn't patented in Sri Lanka.

Copyright laws are outside my area of competence, so I can't speak to them.

Hope that helps.

My website address is http://www.evansville.net/biz/patagent

It is oriented to providing information to inventors, creative people, and parents afflicted with creative children.

You might find it of interest.

Also, for the benefit of anyone else reading this, beware of the invention marketing scammers. It is a hundreds of millions of dollar racket here in the U.S. Among the most prominent are Davison, Invention Submission Corporation, Millenium, Absolutely New Idea (nee IPR), and InventHelp (owned by Invention Submission Corporation.

Best wishes,

George H. Morgan
etc.