A question about patents and morality

[mgoforth]

I’ve come up with an invention that’s a combination of other “prior art” technologies, but my invention would produce a much better result with less effort than the existing technologies. I genuinely believe my invention satisfies the criteria for a patent, and I intend to pursue one.

My question is whether I should attempt to manufacture and sell this invention, since doing so would be seen (at least by the prior art patent-holders) as infringing the prior patents? I think I could win a court case if it came to that…but is that strategy morally sound? Are there any options that are more charitable toward the holders of the existing patents?

Thanks!

 

[SonCatcher]

I’ve come up with an invention that’s a combination of other “prior art” technologies, but my invention would produce a much better result with less effort than the existing technologies. I genuinely believe my invention satisfies the criteria for a patent, and I intend to pursue one.

My question is whether I should attempt to manufacture and sell this invention, since doing so would be seen (at least by the prior art patent-holders) as infringing the prior patents? I think I could win a court case if it came to that…but is that strategy morally sound? Are there any options that are more charitable toward the holders of the existing patents?

Thanks!

You really should consult an IP attorney. This is a legal matter, not a moral one.

 

[mgoforth]

You really should consult an IP attorney. This is a legal matter, not a moral one.

Thanks, I agree there’s a legal side to this, but not all legal advice is moral, is it? I’m waiting to hear back from an attorney, but wanted to get Catholic opinions as well.

 

[SonCatcher]

Thanks, I agree there’s a legal side to this, but not all legal advice is moral, is it? I’m waiting to hear back from an attorney, but wanted to get Catholic opinions as well.

Not necessarily. People regularly use legal means to behave in all sorts of disreputable ways. But the essentials of your question are all morally neutral (with the possible exception that work can be moral good).

As long as you don’t try to pass off your product as your competitor’s (which is forgery) then you should be okay.

I suspect that to be patentable, there will need to be something original in your design, rather than a mere cobbling together of competitors’ patents, but that’s more for the patent office (and possibly courts) to decide.

 

[mgoforth]

Not necessarily. People regularly use legal means to behave in all sorts of disreputable ways. But the essentials of your question are all morally neutral (with the possible exception that work can be moral good).

As long as you don’t try to pass off your product as your competitor’s (which is forgery) then you should be okay.

I suspect that to be patentable, there will need to be something original in your design, rather than a mere cobbling together of competitors’ patents, but that’s more for the patent office (and possibly courts) to decide.

I guess I was thinking that the way I’ve “cobbled” them together in order to produce a more useful product for the consumer was the original part. I like that phrase BTW - cobbling together.

 

[edwest2]

I’ve come up with an invention that’s a combination of other “prior art” technologies, but my invention would produce a much better result with less effort than the existing technologies. I genuinely believe my invention satisfies the criteria for a patent, and I intend to pursue one.

My question is whether I should attempt to manufacture and sell this invention, since doing so would be seen (at least by the prior art patent-holders) as infringing the prior patents? I think I could win a court case if it came to that…but is that strategy morally sound? Are there any options that are more charitable toward the holders of the existing patents?

Thanks!

As someone who follows such things, it would be wise for you to file a patent application first. The Patent and Trademark Office would then review your invention for prior art and for reproducibility. It’s all got to be in the patent application.

Find a good Patent Attorney, since I’m not a lawyer. Having gone through litigation as part of my company, you don’t want the emotional and financial drain. Depending on what your invention is, it may involve more than one lawsuit if you decide to go into production, especially mass production.

Morality has nothing to do with it. Just follows the rules, and remember that an ounce of prevention is worth potentially thousands of dollars of cure later on. Just talk to a Patent Attorney - why waste your time and effort later?

Peace,
Ed

 

[TurboLover336]

lets see … you took a product apart, and re-engineered it to work better.
looking at firearms, such things started with what was essentially a chunk of pipe on a stick and underwent many such improvements like rifled barrels, breach loading, wheel lock arrangements fuses gave way to match locks which gave way to flint locks which gave way to percussion cap locks which gave way to metallic cartridge breach loaders which lead to a lever action repeater, bolt action, auto loader and on and on to include various offerings of today whose refinements are STILL being patented today, improvement or not.
the moral end of it … is up to your ability to live with taking your part in such a chain of evolution. Your probably not going to remain the end link for long so enjoy the ride

 

[mgoforth]

lets see … you took a product apart, and re-engineered it to work better.
looking at firearms, such things started with what was essentially a chunk of pipe on a stick and underwent many such improvements like rifled barrels, breach loading, wheel lock arrangements fuses gave way to match locks which gave way to flint locks which gave way to percussion cap locks which gave way to metallic cartridge breach loaders which lead to a lever action repeater, bolt action, auto loader and on and on to include various offerings of today whose refinements are STILL being patented today, improvement or not.
the moral end of it … is up to your ability to live with taking your part in such a chain of evolution. Your probably not going to remain the end link for long so enjoy the ride

Thanks, I agree. There would seem to be relatively few revolutionary inventions…most seem to be refinements on existing designs.

 

[mgoforth]

As someone who follows such things, it would be wise for you to file a patent application first. The Patent and Trademark Office would then review your invention for prior art and for reproducibility. It’s all got to be in the patent application.

Find a good Patent Attorney, since I’m not a lawyer. Having gone through litigation as part of my company, you don’t want the emotional and financial drain. Depending on what your invention is, it may involve more than one lawsuit if you decide to go into production, especially mass production.

Morality has nothing to do with it. Just follows the rules, and remember that an ounce of prevention is worth potentially thousands of dollars of cure later on. Just talk to a Patent Attorney - why waste your time and effort later?

Peace,
Ed

Thanks, Ed. That is good advice.

 

[edwest2]

Glad to help.

Ed