copying soft/hard ware

[Fraser, Colin J]

> -----Original Message-----
> From: Haible Juergen [mailto:Juergen.Haible at nbgm.siemens.de]
> Sent: 16 November 1998 12:58
> To: DIY; Fraser, Colin J
> Subject: AW: copying soft/hard ware
> 
> I have to disagree here. 
<snip>
> Not so with patents. You can take a certain circuit, build a more or
> less similar one, and if the owner of a patent feels that you
> have violated his rights, a judge must decide if what you did
> does infringe the other guys patent or not. Remember, there is
> no doubt about *what* you did (built a certain circuit). The question
> is how different is this circuit from the original one, how "original"
> was the circuit of the patent holder, what claims does or doesn't
> the original inventor hold ... a lot of questions for attorneys and 
> judges to decide even when the *fact* (you built a certain circuit)
> is very clear.

I see your point. 
This seems to mean that if you have an idea and develop some circuit or
device from your idea, but someone else has done a similar thing first and
patented the idea - you lose the right to your own idea.

If the court decides that the design is too similar to the patented design,
is there no way that you can use it despite having no knowledge of the work
of the other person ?


Colin f