1

Maybe its two questions in one... but:

  1. if you have a youtube channel where you are crafting stuff (people come to watch you craft stuff). Would be okay to craft something similar to something patented?

  2. would it be ok afterwards to sell a "how to craft it yourself" build plan to people?

1
  • For Germany: 1. It is forbidden to make a patented apparatus (§9 PatG) unless it is for purely personal reasons (§11 PatG). Therefore it would be forbidden. 2. Is an interesting question. It would also be interesting to know what happens if you make the YouTube video in a country without patent protection.
    – DonQuiKong
    Feb 8 at 16:15
0

Let me preface this by saying I am not a lawyer. That said, if you infringe a patent you can be sued. In the US, It doesn't matter if you don't sell the actual product. Think of it this way. If you make something that is patented instead of buying it you represent a lost sale to the patent owner. So my guess is you shouldn't infringe on a patent on YouTube and you shouldn't demonstrate to others how to infringe on a patent.

What you might want to do, however is determine if you are really infringing on a patent. What is protected by patents are often a lot narrower than you think. You should attempt to find the patent(s) in question and read the claims. To infringe on a claim you need to implement each and every aspect of the claim. Long complicated claims are inherently less restrictive than short simple ones. If there is a specific product and patent you are worried about then posting a question about that patent is welcome.

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  • In Germany is is allowed to make use of patents for purely personal reasons. I think something similar exists in the US
    – DonQuiKong
    Feb 8 at 15:38
  • @DonQuiKong I’m not sure, but I think the research exemption is specific to drug development.
    – Eric S
    Feb 8 at 16:55
  • @DonQuiKong See this link: iusmentis.com/patents/crashcourse/rights
    – Eric S
    Feb 8 at 16:57
  • The YouTube video might be a commercial reason in which case it would be an infringement in many jurisdictions. However, if you made the video somewhere the patent isn't granted, the thing gets interesting.
    – DonQuiKong
    Feb 8 at 18:23
  • @DonQuiKong Indeed if you make the video in Europe but Youtube delivers it in the US I'm guessing US I'm guessing US patent law might apply. In any case I'm not a lawyer so I'd hesitate to suggest an answer. This is one of those questions that might be better on Law.SE.
    – Eric S
    Feb 8 at 18:39

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