[LINK] Is it unethical to infringe a patent?

[Brendan Scott]

Hi Geoff

Geoff Ramadan wrote:
> 
> Brendan Scott wrote:
>> Gordon Keith wrote:
>>> On Thu, 17 Aug 2006 12:06, Brendan Scott wrote:
>>>
>>>> (a) would it be unethical to infringe a patent?  (eg: exercise a patent
>>>> without the permission of the patent holder)
>>> Knowingly or unknowingly?
>>
>> The law doesn't make that distinction in determining whether an
>> infringement has occurred (because when sued, everyone would plead
>> ignorance), on what basis should the question make that distinction?
> 
> I thought you were asking a question about "ethics" not "law".


Well, since neither patents nor infringement exist in the wild, it is hard to avoid having an element of law in the question.  


> I also had he same initial thought (Knowingly/unknowingly)
> 
> As a design company, I would feel unethical in knowingly infringing on
> some one else's patents as well as being concerned about putting the
> company at risk.
>
> If we designed something that infringed on a patent unknowingly, then I
> would have no ethical issues. I see the onus on the patent holder to
> protect their interest as it would be impossible for us check "possible"
> patents infringements when we design things.

re impossible to check:
Why? Is that an opinion the result of practical experience?

 
> However, in practical terms, it would be an issue of risk assessment
> that would determine if we would make the effort to check patents.
> 
> Also thinking about it, I would have no ethical issues in infringing a
> patent that we thought was trivial or unworthy of being patentable in
> the first place! (I can think of some examples of this)

So: infringement by itself is not sufficient then in your view? (because it may be unknowing, or it may be of an unworthy patent)

Is patenting relevant?  If someone had a great idea that they let slip without patenting by accident or poor advice, would it be unethical (as opposed to illegal) to exploit the idea?


Can I complicate this further?
If the government issues a compulsory licence over a (worthy, well known) patent, at a price less than what the patentee wanted, would it be unethical to take the benefit of the compulsory licence or should you pay a premium to the patentee to work the patent?



Brendan