

Ask HN: develop/promote work based on a soon-to-expire patent? - pkamb

Let's say there's a patent that's expiring in the near future, and I want to ship on day-one of the patent expiring.<p>I'd say I'm morally (if perhaps not <i>completely</i> legally) justified in developing the infringing program in the comfort of my own home, not showing it to anyone, and then releasing it on day one. First, do you see any problems with this?<p>Now the real issue: can I talk about my plans? Say all over the internet "get ready for this product on this date?" Would just acknowledging the fact that it's in development while the patent is still enforced hurt me in any way before/after the patent expiration term?<p>Basically I don't want anyone to say, before/after the patent is expired, "you MUST have developed this while the patent was still active, thus you owe us money" despite me not releasing anything until after the patent expires.<p>I don't think this should be an issue, given how quickly new generic meds come out after a pill patent expires. Or do those companies not "officially" start manufacturing until after the entire patent term?<p>Would this be complicated by taking preorders or otherwise getting money from it, before the expiration, but only delivering the goods after?<p>Thanks. I Am Not A Lawyer, perhaps one of you is.
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mcav
IANAL, and neither is Wikipedia, but Wikipedia says this:

 _> More specifically, an infringement may occur where the defendant has made,
used, sold, offered to sell, or imported an infringing invention or its
equivalent._

[http://en.wikipedia.org/wiki/Patent_infringement_under_Unite...](http://en.wikipedia.org/wiki/Patent_infringement_under_United_States_law)

It _looks like_ doing anything of the sort would infringe, theoretically.

