Creating a Device from Patent Info: Is it Legal?

In summary, the conversation discusses the creation of a device based on a patent for a TENS (transcutaneous electrical nerve stimulation) device. The individual is unsure if there is enough information in the patent for an engineer to create the device and asks about the cost. However, it is mentioned that it is illegal to construct the device from someone else's patent, even if it is not going to be sold.
  • #1
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I have a device I need made, but I don't know if there is enough information in the patent to have an engineer create it.

Here is a link to the device.

http://www.google.com/patents?id=0xQqAAAAEBAJ&pg=PA1&lpg=PA1&dq=patent+5109848&source=bl&ots=mcrjhMRWKu&sig=ktW-a92a9ZXRf2rZyY_GBW3ssSk&hl=en&ei=9oKZSp7rA4T6MZX61MIF&sa=X&oi=book_result&ct=result&resnum=7#v=onepage&q=patent%205109848&f=false

Any idea how much would it cost to make something like this?
I will not be selling it,just need one unit, so it is legal.
 
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  • #2
That's what is today referred to as a TENS (transcutaneous electrical nerve stimulation) device. They are only available with a physician's prescription. Although they are considered safe when used under a doctor's care, they can be dangerous if used improperly--a homemade unit, doubly so.

We cannot help you construct one.
 
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  • #3
And it is illegal to construct one from someone else's patent, even if you aren't going to sell it. You're still stealing the idea and profiting from it (using it for free is profiting from it).
 

1) Is it possible to create a device from patent information?

Yes, it is possible to create a device from patent information. Patents are public documents that disclose the details of an invention, including its design and functionality. This information can be used to create a similar device.

2) Can I use patent information without infringing on the inventor's rights?

It depends on the specific patent and its claims. Patents give the inventor the exclusive right to make, use, and sell their invention for a limited period of time. If your device uses the same technology or design as the patented invention, it may be considered infringement. It is best to consult a patent lawyer for specific guidance.

3) Are there any limitations on creating a device from patent information?

Yes, there are limitations. If the patent is still in force, you may need to obtain a license from the patent holder to use their invention. Additionally, the patent may only cover certain aspects of the device, so you may be able to create a similar device with minor modifications.

4) Can I sell the device I create from patent information?

If the device you create falls within the scope of the patent, you may need to obtain a license from the patent holder to sell it. However, if you have made significant modifications to the device, it may be considered a new invention and you can apply for your own patent.

5) Is it necessary to credit the inventor if I create a device from patent information?

It is always best to credit the inventor if you use their patent information to create a device. It not only shows respect for their work but also helps to avoid any potential legal issues. If your device is based on a modified version of the patent, you should also credit the original inventor and acknowledge the modifications you have made.

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