[Patents] RE: Re: [Patents] Source-Only Patent Infringement under US Law?

[SCOTT_PETERSON@HP-Andover-om3.om.hp.com SCOTT_PETERSON@HP-Andover-om3.om.hp.com]

The first 3 paragraphs of 35 USC 271 are the core of the statute that defines 
patent infringement in the United States:
    Sec. 271. Infringement of patent
      (a) Except as otherwise provided in this title, whoever without
    authority makes, uses, offers to sell, or sells any patented
    invention, within the United States or imports into the United
    States any patented invention during the term of the patent
    therefor, infringes the patent.
      (b) Whoever actively induces infringement of a patent shall be
    liable as an infringer.
      (c) Whoever offers to sell or sells within the United States or
    imports into the United States a component of a patented machine,
    manufacture, combination or composition, or a material or apparatus
    for use in practicing a patented process, constituting a material
    part of the invention, knowing the same to be especially made or
    especially adapted for use in an infringement of such patent, and
    not a staple article or commodity of commerce suitable for
    substantial noninfringing use, shall be liable as a contributory
    infringer.
OR SEE MORE AT: http://www4.law.cornell.edu/uscode/35/271.html

-----Original Message-----
From: spam@john-edwin-tobey.org [mailto:spam@john-edwin-tobey.org]
Sent: Thursday, June 24, 1999 10:35 PM
To: AshleyB@halcyon.com
Cc: spam@john-edwin-tobey.org; patents@liberte.aful.org
Subject: Re: [Patents] Source-Only Patent Infringement under US Law?


Since no one has answered, I'll take a guess.  I haven't read any
patent laws, but my impression is that they restrict the *use* and not
the *production* of goods.  So, under this theory, you can implement
any algorithm in any language and give or sell the program to anyone,
but as soon as someone tries to do anything useful with it, they have
to worry about patents.


Ashley Yakeley <AshleyB@halcyon.com> wrote:
> An American question.
> 
> Under US law, can a software patent be infringed by providing source code?
> 
> Supposing I look up the MP3 patent, and write an MP3 encoder. I publish 
> the source code and a make-file, but no compiled code, on my web-site. 
> Under US law, have I infringed the MP3 patent?
> 
> What if I write it in a language like Perl, which can be run by the user 
> without an explicit intermediate compile step?
> 
> I note that a recent court case struck down export restrictions on 
> encryption source code, on the grounds that the law restricted free 
> speech. Does this help?
> 
> 
> -- 
> Ashley Yakeley, Seattle WA


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