[LINK] Is it unethical to infringe a patent?

[Kim Holburn]

On 2006 Aug 17, at 12:06 PM, Brendan Scott wrote:

> Just an open question really.  Assuming that patents are a form  of  
> property:
>
> (a) would it be unethical to infringe a patent?  (eg: exercise a  
> patent without the permission of the patent holder)

Unethical?  Very tricky.  Depends on your ethics doesn't it?  If you  
have the ethics of a modern company then no, nothing much is  
unethical because companies aren't people and have no ethics.

Is there such a thing as patent "infringement"?  What do you mean  
exactly by "exercising" here?  (I get this picture of someone taking  
a patent for a walk).

If someone has a patent on a new kind of wheel-barrow and I make one  
in my backyard, I don't believe that is either unethical or illegal  
(IANAL so I could be wrong here).  If I start making them and selling  
them then I might be acting illegally but it would require a court  
case with lots of highly trained people to decide that, and parties  
on either side with enough money to fight it.  I don't believe this  
is a criminal matter but requires the patent holder to enforce their  
patent so it's not a simple "ethical" matter.  Even someone with a  
good patent and no money can be steam-rolled by a company with well- 
lined pockets - there are no ethics here.

> (b) would it be a form of stealing?

No.  Stealing is defined under the law.  Not applicable here.  Just  
like it's not robbery, parking infringement, mopery, piracy, assault  
or any other illegal act that has nothing to do with patents.


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Kim Holburn
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