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From: jim@kaos.Stanford.EDU (Jim Helman)
Newsgroups: comp.arch
Subject: Re: Patents on Microchannel
Message-ID: <JIM.89Jul19133813@kaos.Stanford.EDU>
Date: 19 Jul 89 20:38:13 GMT
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In-reply-to: paul@taniwha.UUCP's message of 19 Jul 89 15:48:12 GMT


	But seriously what are the legalities of marking things with
	patents, you obviously have to do it for copyright, one often
	sees patent numbers listed on manufactured objects, is this
	just intended to discourage the competition or to snow the
	consumer. Can I write 'Pat. Pending' on anything?

Quoting from "Intellectual Property in a Nutshell" by A. R. Miller and
M. H. Davis, pp. 127-128:

	The monopoly period does not begin to run until the actual
	issuance of the patent.  Therefore, competitors are free to
	use, make, or sell an invention for which a patent application
	has been filed, until the actual grant.  The words "patent
	pending" on an article give no protection at all during the
	period prior to the grant.

	The exclusive right granted to the patent owner does not allow
	for any defense based on good faith or ignorance.  On the
	other hand, a patent owner is required to mark a product
	invention with notice of the patent or give actual notice to
	an infringer, if the owner is to recover money damages.

Jim Helman
Department of Applied Physics			P.O. Box 10494
Stanford University				Stanford, CA 94309
(jim@thrush.stanford.edu) 			(415) 723-4940