Brooklyn, NY asked in Patents (Intellectual Property) for New York

Q: if someone patents a device like the one used by Stephen hawking and another recreates the same type of devices

and hurts people with it. whom can you file suit with if they are trying to not get caught using it but you know they are using it. If we find out who funds it to bring about harm then they deserve a law suit coming their way.

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
  • Patents Lawyer
  • Moorestown, NJ

A: If someone creates a device, and patents that device, then he can keep others from making, using, selling, or offering for sale of that device.

The patent owner can keep almost anyone from using it, whether it is for a good use of an evil use. The patent owner can say, hey, I am going to license my product to one company and not license it to another. It is up to the patent owner to decide who gets the license and who does not.

Also, just because something is used for a good purpose does not make one more immune to infringement lawsuits then if it used for an evil purpose. The patent owner can sue both on the same basis.

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