Can a kit build be violating patents legally?

[FutureDesign]

Hi all,

I must admit, that this is strange question :-D
Normally the case is clear... Does or doesn't a product violate a patent.
However, what if there is no product but just parts being sold and at the customer eventually assembled into something that might violate a patent. I know that it's completely legal to violate all the patents in the world as long as it's for private use... but what about the kit?

Does someone here know?

Thanks in advance!

[james]

In general, patents don't mean anything to anyone until they are challenged in court. So, your answer would be there.

[FutureDesign]

In general, patents don't mean anything to anyone until they are challenged in court. So, your answer would be there.

With or without court, there are still some ground rules (laws). For an example using patented ideas for personal use is legal and will never go to court.

[mixedgas]

With or without court, there are still some ground rules (laws). For an example using patented ideas for personal use is legal and will never go to court.

In the US, a series production of kits to intentionally skirt a patent is still a probable patent violation.

The US government has long held that most kits, across many areas, are the same as a finished product.

Ie Machine gun kits missing the lower receiver assembly, ham radio HF band high power amplifiers, and in one case I know of, HENE laser power supply kits.


Now if you sell a kit, and without some critical parts that cannot be bought, but must be fabricated, you might have a small chance.

Steve

[FutureDesign]

Thanks Steve, very informative!

[VJ AIWAZ]

or if you find a way to sell the kit for a completely different reason and modifying the kit is necessary is something i have seen in the past

[andyf97]

I was just having a similar conversation last week with my cousin who is a US Law attorney specializing in intellectual property rights; she told me that patents have become very difficult to enforce and mostly not cost effective unless the product will sell to every house on the planet or it is very specialized and expensive. The important point she noted that it must be 100% unique which is kind of difficult to have these days with many ways to accomplish the same thing.

She also told me that some companies will write on products that a patent has been applied for or pending; but most of these are to frighten would be copy cats away.

If an idea is worth patenting, it would not likely be seen until the patent has been approved not just applied for.

Going to the OP, if something is for private use then nobody would ever get to know you made it; and even if you copied a patented product, it is not likely anyone would care unless you started to effect sales of a patented product.

I looked at patents years ago for a design but gave up as it was pointless due to the amount I would ever sell.

[planters]

Future,

Because this is theoretical @ this point it is hard to be sure where to draw the line,but let me give an example based on another thread. Let's say you found a way to successfully use a DLP projector without diodes to project monochromatic laser light for two dimensional patterning. The projector is from C...o, the laser is from CNI there are other bits and pieces and the software is some public domain CAD/CAM program. You managed to integrate this and sell these components along with the instructions. Who is to say what part of the overall price is for what hardware and what is for your design. The components are routinely sold on line for various price-points. I don't think you need to be concerned about having infringed on someone's patent and similarly I do not think you can safeguard your own kit.

[FutureDesign]

Let's say you found a way to successfully use a DLP projector without diodes to project monochromatic laser light for two dimensional patterning.

Thanks for your post and sorry for the loooong pong time. Btw. how come I feel a kind of persuasive force about the direct laser to DLP experiment?