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Posts: 1,808 | Thanked: 4,272 times | Joined on Feb 2011 @ Germany
#58
Originally Posted by juiceme View Post
This means that if one makes objects/software/services/whatever and sells them for a fee (I am not sure if it is necessary to make profit doing so?) then one needs to obtain a license from the patent holder; however if one makes and gives away for free, no license is required.
If you make something that is patented and make it available in any way in a country where the patent is valid then you need a license from the patent holder, regardless of whether you're giving it away for free, selling it with or without profit, etc.

The only exceptions are (AFAIK):
1) you use something patented in private
2) you teach (e.g. university) something that is patented
3) you are a medical doctor treating a patient. you can do whatever you want without having to worry about infringing.

(maybe there are more, I don't know now).

Plus of course if you are sure/convinced that the patent is invalid, you can try that, but that can take time/money plus the risk of having been wrong (see Oracle vs Google..)

Enough for now..
 

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