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
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.