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BACKGROUND

I am interested in a patenting a novel measurement device to prevent other operators from using a copy of the measurement device in the field: a very low volume of these devices would be produced. The return on investment is not in the sale of the device or licensing: it is in the operation of the device because the market demands very few measurement devices.

QUESTION

As I understand it, a patent grants exclusive rights to manufacture the device. However, if someone decided to copy \ DIY the device and put a system in production, would a patent grant the right to shutdown the fielded DIY device? Is there any remedy or precedent in such a case?

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  • It sounds like you're stating the answer in your question, so I'm having little difficulty understanding what you are asking or how folks here can help you beyond what you've already stated. Patents grant "exclusive rights to manufacture the device", so your rights — exclusive rights — to keep other people from making it ... it's already stated in your question. – Robert Cartaino Feb 4 '18 at 0:54
  • @RobertCartaino The question notes that there are exclusive rights to prevent manufacturing. However, it seems the question is about whether the exclusive rights extend to the item itself (or use of the item), which is different from manufacturing. Or to put it another way, can you reasonably sue a consumer, or are you limited to the manufacturer? – Maca Feb 4 '18 at 2:52
  • @Maca Correct. Thanks for the clarification. – gatorback Feb 4 '18 at 17:20
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A patent give you the right to try to prevent unlicensed people from (1) making, (2) offering for sale (3) importing or (4) using. Making does not only mean volume, professional manufacturing. A DIY maker infringes just like a big company infringes - but it is inefficient to go after them. Regarding using, if that is where the money is, you can have claims specifically directed to the steps of a method of using it.

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