EMRFD Message Archive 3708
Message Date From Subject 3708 2009-10-31 08:59:24 magicnickus Patents and ham radio
some days ago, I was searching the internet for an in-depth analysis of receivers' IMD and by accident I found a document describing a patented design for reducing the IMD in amplifiers.
(It is quite interesting, in case you like to read it ...
http://www.rfcafe.com/references/articles/CrissCross%20RFAL%20-%20Ray%20Gutierrez.pdf
)
This made me think, what would be the consequences for a radio amateur to try a patented design for his/her own use? At what point patent infringement begins?
I realize that the US patent law is a bit complicated , and I do not want by any means to turn the group into a legal advices group, but please allow me to consider the following scenario to make clear what I mean:
1. An interesting patented idea/design is found at some site on the internet
2. As it seems very interesting, I buy all the components and build a prototype for evaluation.
3. The design works and I am happy, so I keep using it in my everyday ham life, but I do not tell it to anyone!
4. I am too exited about my success and I announce it on my blog.
5. Other people are interested ,so, besides a link to the original info, I post the schematic of my device, which is using the original idea, plus all my additions/modifications (if any).
I believe that up to step 3 of the scenario , no infringement occurs, but is it so?I may be wrong...!
Do you have any ideas/experience on this issue? Is it legally safe to play around with such things, or should we stay away from ideas that are tagged as "Patented"?
Thanks,
Nick , SV3DJG3709 2009-10-31 09:21:08 Graham / KE9H Re: Patents and ham radio
I am sure there is also a difference in how different countries deal
with patents.
Here in the US, you are allowed to build a patented circuit or device
for your
own use, but you can not sell it or profit from it. I would think that
discussion
would be permissible.
3711 2009-10-31 10:22:20 Chris Trask Re: Patents and ham radio
> some days ago, I was searching the internet for an in-depth analysis of
> IMD and by accident I found a document describing a patented design forreducing
> the IMD in amplifiers.http://www.rfcafe.com/references/articles/CrissCross%20RFAL%20-%20Ray%20Guti
>
> (It is quite interesting, in case you like to read it ...
>
errez.pdf
> )Here's an easier to swallow description of RFAL:
>
http://www.highfrequencyelectronics.com/Archives/Jun04/HFE0604_Gutierrez.pdf
I tried something similar to this for reducing IMD in amplifiers many
years ago. It was next to impossible to mainitain even over a small range
of temperature. Almost as bad as feedforward.
Amplifier linearization is a real pain, especially with power
amplifiers. We have feedforward, predistortion, EER, RFAL, and quite a few
others. They all end up requiring some form of microprocessor control due
to amplifier performance variations over temperature.
I routinely get a 10-15dB improvement in IMD using augmentation, but
that technique is not suitable for amplifiers over 5W due to power
transistor characteristics. I do have a little project on the back burner
involving a variation of feedforward that gets rid of the delay line and a
few other nuisance items, but with all the other ideas I'm working on there
just isn't enough time enough for them all.
Chris
,----------------------. High Performance Mixers and
/ What's all this \ Amplifiers for RF Communications
/ extinct stuff, anyhow? /
\ _______,--------------' Chris Trask / N7ZWY
_3712 2009-10-31 10:45:29 ehydra Re: Patents and ham radio
files. The same procedure here.
If you use it privately there is no concern.
If you make money with it, or depress the owner making money with it,
there is a problem.
Often technical patents are protected in the USA only. If you use it in
another country, you have a win-win situation.
I wouldn't make a design public if it concerns any patent.
There is a problem with own intellectual work if later there is a
similar patent found.
- Henry
--
ehydra.dyndns.info
magicnickus schrieb:
> Hello group,
>
> some days ago, I was searching the internet for an in-depth analysis of receivers' IMD and by accident I found a document describing a patented design for reducing the IMD in amplifiers.
>
> (It is quite interesting, in case you like to read it ...
> http://www.rfcafe.com/references/articles/CrissCross%20RFAL%20-%20Ray%20Gutierrez.pdf
> )
>
> This made me think, what would be the consequences for a radio amateur to try a patented design for his/her own use? At what point patent infringement begins?
>
> I realize that the US patent law is a bit complicated , and I do not want by any means to turn the group into a legal advices group, but please allow me to consider the following scenario to make clear what I mean:
>
> 1. An interesting patented idea/design is found at some site on the internet
> 2. As it seems very interesting, I buy all the components and build a prototype for evaluation.
> 3. The design works and I am happy, so I keep using it in my everyday ham life, but I do not tell it to anyone!
> 4. I am too exited about my success and I announce it on my blog.
> 5. Other people are interested ,so, besides a link to the original info, I post the schematic of my device, which is using the original idea, plus all my additions/modifications (if any).
>
> I believe that up to step 3 of the scenario , no infringement occurs, but is it so?I may be wrong...!
>
> Do you have any ideas/experience on this issue? Is it legally safe to play around with such things, or should we stay away from ideas that are tagged as "Patented"?
>3724 2009-11-03 01:02:29 Nick Re: Patents and ham radio
Hello,
rds_6, thanks very much for your reply! I started reading this text too, but I lost the context too early, and that was the reason I asked the group for opinions! :-)
My concern was that sections (a) "...whoever without authority makes, uses..." and (f)(1) imposes a problem for everyone to build a patented design even for his own use or as for proof of concept.
I think it is not necessary to analyse even more the meaning of each word and how it specifically applies to ham radio. I think I am covered.
Thanks to everyone who replied,
Nick
On Tue, 11/3/09, rds_6 <rds_6@yahoo.com> wrote:
From: rds_6 <rds_6@yahoo.com>
Subject: Re: Patents and ham radio
To: "magicnickus" <magicnickus@yahoo.com>
Date: Tuesday, November 3, 2009, 1:27 AM
Nick,
All of the responses I've read so far are incorrect. Here is the main provision of U.S. law regarding patent infringement:
35 U.S.C. 271 Infringement of patent.
(a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.
(b) Whoever actively induces infringement of a patent shall be liable as an infringer.
(c) Whoever offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination, or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be liable as a contributory infringer.
(d) No patent owner otherwise entitled to relief for infringement or contributory infringement of a patent shall be denied relief or deemed guilty of misuse or illegal extension of the patent right by reason of his having done one or more of the following: (1) derived revenue from acts which if performed by another without his consent would constitute contributory infringement of the patent; (2) licensed or authorized another to perform acts which if performed without his consent would constitute contributory infringement of the patent; (3) sought to enforce his patent rights against infringement or contributory infringement; (4) refused to license or use any rights to the patent; or (5) conditioned the license of any rights to the patent or the sale of the patented product on the acquisition of a license to rights in another patent or purchase of a separate product, unless, in view of the circumstances, the patent owner has market power in the relevant
market for the patent or patented product on which the license or sale is conditioned.
(e)
(1) It shall not be an act of infringement to make, use, offer to sell, or sell within the United States or import into the United States a patented invention (other than a new animal drug or veterinary biological product (as those terms are used in the Federal Food, Drug, and Cosmetic Act and the Act of March 4, 1913) which is primarily manufactured using recombinant DNA, recombinant RNA, hybridoma technology, or other processes involving site specific genetic manipulation techniques) solely for uses reasonably related to the development and submission of information under a Federal law which regulates the manufacture, use, or sale of drugs or veterinary biological products.
(2) It shall be an act of infringement to submit -
(A) an application under section 505(j) of the Federal Food, Drug, and Cosmetic Act or described in section 505(b)(2) of such Act for a drug claimed in a patent or the use of which is claimed in a patent, or
(B) an application under section 512 of such Act or under the Act of March 4, 1913 (21 U.S.C. 151 - 158) for a drug or veterinary biological product which is not primarily manufactured using recombinant DNA, recombinant RNA, hybridoma technology, or other processes involving site specific genetic manipulation techniques and which is claimed in a patent or the use of which is claimed in a patent, if the purpose of such submission is to obtain approval under such Act to engage in the commercial manufacture, use, or sale of a drug or veterinary biological product claimed in a patent or the use of which is claimed in a patent before the expiration of such patent.
(3) In any action for patent infringement brought under this section, no injunctive or other relief may be granted which would prohibit the making, using, offering to sell, or selling within the United States or importing into the United States of a patented invention under paragraph (1).
(4) For an act of infringement described in paragraph (2)-
(A) the court shall order the effective date of any approval of the drug or veterinary biological product involved in the infringement to be a date which is not earlier than the date of the expiration of the patent which has been infringed,
(B) injunctive relief may be granted against an infringer to prevent the commercial manufacture, use, offer to sell, or sale within the United States or importation into the United States of an approved drug or veterinary biological product, and
(C) damages or other monetary relief may be awarded against an infringer only if there has been commercial manufacture, use, offer to sell, or sale within the United States or importation into the United States of an approved drug or veterinary biological product. The remedies prescribed by subparagraphs (A), (B), and (C) are the only remedies which may be granted by a court for an act of infringement described in paragraph (2), except that a court may award attorney fees under section 285.
(5) Where a person has filed an application described in paragraph (2) that includes a certification under subsection (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), and neither the owner of the patent that is the subject of the certification nor the holder of the approved application under subsection (b) of such section for the drug that is claimed by the patent or a use of which is claimed by the patent brought an action for infringement of such patent before the expiration of 45 days after the date on which the notice given under subsection (b)(3) or (j)(2)(B) of such section was received, the courts of the United States shall, to the extent consistent with the Constitution, have subject matter jurisdiction in any action brought by such person under section 2201 of title 28 for a declaratory judgment that such patent is invalid or not infringed.
(f)
(1) Whoever without authority supplies or causes to be supplied in or from the United States all or a substantial portion of the components of a patented invention, where such components are uncombined in whole or in part, in such manner as to actively induce the combination of such components outside of the United States in a manner that would infringe the patent if such combination occurred within the United States, shall be liable as an infringer.
(2) Whoever without authority supplies or causes to be supplied in or from the United States any component of a patented invention that is especially made or especially adapted for use in the invention and not a staple article or commodity of commerce suitable for substantial noninfringing use, where such component is uncombined in whole or in part, knowing that such component is so made or adapted and intending that such component will be combined outside of the United States in a manner that would infringe the patent if such combination occurred within the United States, shall be liable as an infringer.
(g) Whoever without authority imports into the United States or offers to sell, sells, or uses within the United States a product which is made by a process patented in the United States shall be liable as an infringer, if the importation, offer to sell, sale, or use of the product occurs during the term of such process patent. In an action for infringement of a process patent, no remedy may be granted for infringement on account of the noncommercial use or retail sale of a product unless there is no adequate remedy under this title for infringement on account of the importation or other use, offer to sell, or sale of that product. A product which is made by a patented process will, for purposes of this title, not be considered to be so made after -
(1) it is materially changed by subsequent processes; or
(2) it becomes a trivial and nonessential component of another product.
(h) As used in this section, the term "whoever" includes any State, any instrumentality of a State, any officer or employee of a State or instrumentality of a State acting in his official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity.
(i) As used in this section, an "offer for sale" or an "offer to sell" by a person other than the patentee or any assignee of the patentee, is that in which the sale will occur before the expiration of the term of the patent.
(Subsection (e) added Sept. 24, 1984, Public Law 98-417, sec. 202, 98 Stat. 1603.)
(Subsection (f) added Nov. 8, 1984, Public Law 98-622, sec. 101(a), 98 Stat. 3383.)
(Subsection (g) added Aug. 23, 1988, Public Law 100-418, sec. 9003, 102 Stat. 1564.)
(Subsection (e) amended Nov. 16, 1988, Public Law 100-670, sec. 201(i), 102 Stat. 3988.)
(Subsection (d) amended Nov. 19, 1988, Public Law 100-703, sec. 201, 102 Stat. 4676.)
(Subsection (h) added Oct. 28, 1992, Public Law 102-560, sec. 2(a)(1), 106 Stat. 4230.)
(Subsections (a), (c), (e), and (g) amended Dec. 8, 1994, Public Law 103-465, sec. 533(a), 108 Stat. 4988.)
(Subsection (i) added Dec. 8, 1994, Public Law 103-465, sec. 533(a), 108 Stat. 4988.)
(Subsection (e)(5) added Dec. 8, 2003, Public Law 108-173, sec. 1101(d), 117 Stat. 2457.)
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[Non-text portions of this message have been removed]3725 2009-11-03 08:29:26 Tharks V Vienna Rectifier Controll Circuit Schematics and Waveforms
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