Reverse Engineering Skittles | Patently-O

“My check out is that in most circumstances reverse engineering and other experimentation should be a permissible fair use in spite of the existence of patents.”

I’m not even sure how this applies. In trade solution law, fair use makes it possible for you to use reverse engineering to determine out the composition of a solution, and then make your have identical solution if you would like, or publish the recipe, or do regardless of what else you want. The trade solution is no longer a trade solution.

In patent law, the patent is expected to disclose the composition of a solution so evidently that any person with skill in the art could duplicate the solution. In trade for these disclosure, the patent proprietor receives the ideal to avoid other folks from earning, using, importing, or marketing identical solutions for a limited period of time, immediately after which it is no cost for any person to make or offer.

Are you proposing that if you are ready to go via all the get the job done of reverse engineering a known solution even though disregarding the reality that anyone has now printed and evidently explained exactly what you have to have to do to produce the now-printed but beforehand mysterious and non-clear solution, that you should then be ready to strip them of the advantages of their get the job done to produce the solution in the initial area?

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    anon suggests:

    My check out is that in most circumstances reverse engineering and other experimentation should be a permissible fair use in spite of the existence of patents.

    That begs the issue: do you feel that it currently is not?

    Immediately after all, we do have an “experiments” exception to infringement.

    (notice that this does not excuse a follow-on creation – irrespective of whether or not the experiments exception is known as into enjoy – from violating elements of safety of the progenitor merchandise)

    Methinks this smells of a (to some degree lame) endeavor to introduce “Fair Use” into patent law.

    There is a motive why Fair Use is NOT in patent law, even though it is in copyright law. To endeavor – as listed here – to comingle the ideas begs the wanting to know irrespective of whether the further dissimilarities are comprehended.


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