embarassing question

Leland Ness (lness@dgsys.com)
Tue, 28 Dec 1999 16:36:03 -0500

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Since most of the membership is on vacation and the list is quiet, this =
seems like the perfect time to slip in a question so simple I'm =
embarrassed by it.

Herewith a hypothetical:

Dieter Schmidt, working in his garage in Augsburg, comes up with a new =
and vastly improved widget. He applies for and eventually receives a =
national (DE) patent. =20

While trolling through the German patents in the US I come across his =
invention and decide "what a great idea, I'll steal it". =20

Presumably I cannot patent it here, since Herr Schmidt's patent is =
novelty-destroying. However, suppose I simply choose to manufacture it =
and sell it in the US. Does Herr Schmidt have any recourse against me? =
Suppose I sell it outside the US (but not in Germany)?

Can someone enlighten me?

Important note: I am not asking for legal advice. I have no intention =
of making or selling patented goods, this question has simply been =
bothering me.

Thanks for any input.

Leland Ness
Carlton Group Inc. (not in the business of manufacturing)

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Since most of the membership is on vacation and the = list is=20 quiet, this seems like the perfect time to slip in a question so simple = I'm=20 embarrassed by it.
 
Herewith a hypothetical:
 
Dieter Schmidt, working in his garage in Augsburg, = comes up=20 with a new and vastly improved widget.  He applies for and = eventually=20 receives a national (DE) patent. 
 
While trolling through the German patents in the US = I come=20 across his invention and decide "what a great idea, I'll steal = it". =20
 
Presumably I cannot patent it here, since Herr = Schmidt's=20 patent is novelty-destroying.  However, suppose I simply choose to=20 manufacture it and sell it in the US.  Does Herr Schmidt have any = recourse=20 against me?  Suppose I sell it outside the US (but not in=20 Germany)?
 
Can someone enlighten me?
 
Important note:  I am not asking for legal = advice. =20 I have no intention of making or selling patented goods, this question = has=20 simply been bothering me.
 
Thanks for any input.
 
Leland Ness
Carlton Group Inc. (not in the business of=20 manufacturing)
 
 
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