Can I forbid the government from using my patented invention?

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(this is a purely hypothetical situation, for literary research)



I've filed a patent on a certain technology for facial recognition/analysis, and as the patent holder I want to use my exclusivity to ensure it's not used to harm anyone. Unfortunately, the nature of the invented technique can be easily misused for what I believe are evil purposes. Military, then law enforcement agencies, have begun connecting me with manufacturers who want to incorporate my technique into their software suites, to which I am firmly opposed. Mind, the patent is still in review, so getting inquiries this soon strikes me as odd.



My question is, can I deny the military use of my invention should the patent be approved, and if not, are there any ways in which I can sabotage or otherwise render it difficult for them? Perhaps by requesting an impractically large royalty or purposely presenting a subtly faulty implementation to their manufacturing firm?










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    – feetwet♦
    Aug 19 at 2:32






  • 4




    The only way to stop the government from using your invention is to not invent anything they would want to use.
    – EvilSnack
    Aug 19 at 17:10














up vote
46
down vote

favorite
8












(this is a purely hypothetical situation, for literary research)



I've filed a patent on a certain technology for facial recognition/analysis, and as the patent holder I want to use my exclusivity to ensure it's not used to harm anyone. Unfortunately, the nature of the invented technique can be easily misused for what I believe are evil purposes. Military, then law enforcement agencies, have begun connecting me with manufacturers who want to incorporate my technique into their software suites, to which I am firmly opposed. Mind, the patent is still in review, so getting inquiries this soon strikes me as odd.



My question is, can I deny the military use of my invention should the patent be approved, and if not, are there any ways in which I can sabotage or otherwise render it difficult for them? Perhaps by requesting an impractically large royalty or purposely presenting a subtly faulty implementation to their manufacturing firm?










share|improve this question























  • Comments are not for extended discussion; this conversation has been moved to chat.
    – feetwet♦
    Aug 19 at 2:32






  • 4




    The only way to stop the government from using your invention is to not invent anything they would want to use.
    – EvilSnack
    Aug 19 at 17:10












up vote
46
down vote

favorite
8









up vote
46
down vote

favorite
8






8





(this is a purely hypothetical situation, for literary research)



I've filed a patent on a certain technology for facial recognition/analysis, and as the patent holder I want to use my exclusivity to ensure it's not used to harm anyone. Unfortunately, the nature of the invented technique can be easily misused for what I believe are evil purposes. Military, then law enforcement agencies, have begun connecting me with manufacturers who want to incorporate my technique into their software suites, to which I am firmly opposed. Mind, the patent is still in review, so getting inquiries this soon strikes me as odd.



My question is, can I deny the military use of my invention should the patent be approved, and if not, are there any ways in which I can sabotage or otherwise render it difficult for them? Perhaps by requesting an impractically large royalty or purposely presenting a subtly faulty implementation to their manufacturing firm?










share|improve this question















(this is a purely hypothetical situation, for literary research)



I've filed a patent on a certain technology for facial recognition/analysis, and as the patent holder I want to use my exclusivity to ensure it's not used to harm anyone. Unfortunately, the nature of the invented technique can be easily misused for what I believe are evil purposes. Military, then law enforcement agencies, have begun connecting me with manufacturers who want to incorporate my technique into their software suites, to which I am firmly opposed. Mind, the patent is still in review, so getting inquiries this soon strikes me as odd.



My question is, can I deny the military use of my invention should the patent be approved, and if not, are there any ways in which I can sabotage or otherwise render it difficult for them? Perhaps by requesting an impractically large royalty or purposely presenting a subtly faulty implementation to their manufacturing firm?







united-states patents texas






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edited Aug 18 at 13:28









Colin 't Hart

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1031










asked Aug 15 at 12:36









anonymous

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307128











  • Comments are not for extended discussion; this conversation has been moved to chat.
    – feetwet♦
    Aug 19 at 2:32






  • 4




    The only way to stop the government from using your invention is to not invent anything they would want to use.
    – EvilSnack
    Aug 19 at 17:10
















  • Comments are not for extended discussion; this conversation has been moved to chat.
    – feetwet♦
    Aug 19 at 2:32






  • 4




    The only way to stop the government from using your invention is to not invent anything they would want to use.
    – EvilSnack
    Aug 19 at 17:10















Comments are not for extended discussion; this conversation has been moved to chat.
– feetwet♦
Aug 19 at 2:32




Comments are not for extended discussion; this conversation has been moved to chat.
– feetwet♦
Aug 19 at 2:32




4




4




The only way to stop the government from using your invention is to not invent anything they would want to use.
– EvilSnack
Aug 19 at 17:10




The only way to stop the government from using your invention is to not invent anything they would want to use.
– EvilSnack
Aug 19 at 17:10










6 Answers
6






active

oldest

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up vote
51
down vote



accepted










You cannot deny the federal government the right to use your patent, but you can sue them for "recovery of [your] reasonable and entire compensation for such use and manufacture", see 28 USC 1498. Note that the statute refers to such use as being "without license of the owner thereof or lawful right to use or manufacture the same", that is, there is no lawful right to infringe on a patent, but recourse for infringement is highly limited. A suit against the government under §1498 is (see the summary in Airborne Data v. US, 702 F.2d 1350) on an eminent domain theory. It has been long established that the right under eminent domain is only constitutionally limited by the requirement for compensation, so there is no need to say "and you may not seek an injunction". Para (b) which was added later may have explicitly limited jurisdiction to the Court of Federal Claims. There has been inconsistency in the court's interpretation of the jurisdiction requirement (Leeson v. US, vs.
Manville Sales v. Paramount, 917 F.2d 544), though precedent has been that the Court of Claims has jurisdiction. Para (b) makes that explicit.






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  • 2




    Additionally, if you are employed by the government and your patten was obtained for something you developed and were paid for by the Government, it belongs to the government.
    – hszmv
    Aug 15 at 15:58






  • 1




    @DonQuiKong Not unless you can find something in US law that explicitly says a patent holder can enjoin the United States from using a patent. By default you can't take action the US as it's a sovereign entity. The same would apply to the States but US law makes it explicit that "Any State [...] shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity." 35 U.S. Code § 271(h). law.cornell.edu/uscode/text/35/271#h
    – Ross Ridge
    Aug 15 at 17:38






  • 2




    If the work was a result of a Government contract, terms apply. "Generally, pursuant to 35 U.S.C. 202 and the Presidential Memorandum and Executive order cited in paragraph (a) of this section, each contractor may, after required disclosure to the Government, elect to retain title to any subject invention." However usually "The Government shall have at least a nonexclusive, nontransferable, irrevocable, paid-up license to practice, or have practiced for or on behalf of the United States, any subject invention throughout the world."
    – user71659
    Aug 15 at 19:56






  • 3




    So what you're saying is, you can't stop the government from using it, but you can demand they pay for it?
    – Benubird
    Aug 16 at 8:41






  • 3




    @ChrisW Not selling a physical product is different from trying to enforce a patent. Those states could presumably manufacture the drugs themselves if they wanted to and had the capability (somewhat analogously, the government of India can allow generic manufacturers to make various patented drugs, but they can't force, say, Pfizer, to sell drugs to them)
    – mbrig
    Aug 16 at 19:14

















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Can you prevent the government from using your patent? The opposite is actually true.



If you patent something, and it is felt to be potentially of national security interest, then they can take your invention for the nation, produce it, and prevent you producing it or sharing the design indefinitely (though it will be reviewed annually). This has happened to about 5000 patents so far.



https://www.wired.com/2013/04/gov-secrecy-orders-on-patents/



Even where it is not of national security interest, and the government (or its contractors!) is not using it directly as covered in user6726' answer, they can still take your patent under the equivalent of eminent domain... well, I'll quote from http://patentplaques-blog.com/eminent-domain-excercised-on-patents/




During World War I, the military took all patents relevant to wireless
technology and put them in a mandatory licensing pool. Anyone was then
able to use the patents and the patent holders received royalties. The
pooling of the patents led to innovations including the mass
production of vacuum tubes and a national FM radio network.




So, in short, the government can use your invention for its own purposes; it can prevent you from using it; and it can force you to give it to others.



They don't do this too often, but if you're working in an area that you think will be of especial interest to them, it's something to be aware of. In general, they will compensate you somewhat for your trouble, but not as much as the open market could have.






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    The Paris Convention for the Protection of Industrial Property allows countries to issue compulsory licences when patent holders abuse their patent rights. This specifically includes preventing the use of the invention or unduly limiting it's use.




    (2) Each country of the Union shall have the right to take legislative
    measures providing for the grant of compulsory licenses to prevent the
    abuses which might result from the exercise of the exclusive rights
    conferred by the patent, for example, failure to work.



    ...



    (4) A compulsory license may not be applied for on the ground of
    failure to work or insufficient working before the expiration of a
    period of four years from the date of filing of the patent application
    or three years from the date of the grant of the patent, whichever
    period expires last; it shall be refused if the patentee justifies his
    inaction by legitimate reasons. [...]




    "Work" in this context means producing or importing the invention.



    While the US in particular has no working requirement for patents, user6726's answer shows it's not possible to stop the US government from using your patent. (As both US and foreign patent holders are denied this remedy, it doesn't violate the Paris Convention.) Other governments will either be able to rely on the working requirements or special national interest or security exceptions. Patents are supposed beneficial for countries, not weapons used to deny some technology, so every country is going to have some means to prevent this. Worst case they can always amend their laws if it's important enough.



    Moreover, in the US injunctions for patent violations aren't automatic, so you may not be able to stop non-government entities from using your patent for "evil" purposes. For example, in MercExchange, LLc v. eBay, Inc the courts refused to issue an injunction against eBay despite finding that eBay had wilfully infringed on MercExchange's patent. The District Court ultimately decided, after a Supreme Court appeal, that monetary damages were a sufficient remedy.






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      Others have explained why you cannot use the patent system to prevent the Government using your invention. However "patents" aren't the only way to protect Intellectual Property. The other option is to keep it a trade secret, which you only reveal to people you trust, and under non-disclosure agreements.



      If it leaks to the government, you can sue the leakers - but not the government.






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      • 2




        Why would you expect trade secrets to be unaffected by the doctrine of eminent domain?
        – Sneftel
        Aug 16 at 7:57






      • 4




        @Sneftel: Eminent domain affects property. Trade Secrets are not property.
        – MSalters
        Aug 16 at 8:18






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        @MSalters Well, the takings clause of the Constitution is the only thing stopping them from seizing your invention and not paying you, and it applies specifically to property, so your lawyer had better not argue that trade secrets aren't property.
        – Sneftel
        Aug 16 at 9:14






      • 1




        @Sneftel How could the government sieze the secret recipe for Coke? If it's only kept in the heads of individuals, it is immune from seizure. (If it's written down, they can seize the bits of paper of course. I don't know how that would interact with eminent domain.)
        – Martin Bonner
        Aug 16 at 9:56






      • 5




        Assuming the secret recipe of Coke is in your head alone and it is of "national importance" and you refuse to tell, you lose your inalienable civil rights and are held on a former oil platform in the southern hemisphere until you do. Just saying. Nobody is interested in your petty arguments, governments and their agencies simply take what they want. Your rights are worth exactly zero.
        – Damon
        Aug 16 at 10:05


















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      if not, are there any ways in which I can sabotage or otherwise render it difficult for them



      There may be a parallel in this news topic -- https://www.google.fr/search?q=pharmaceutical+execution -- i.e. pharmaceutical manufacturers trying to prevent State governments from buying their product to use for executing convicts.



      This has been happening for a long time, with mixed or partial success.



      I suppose the companies license/sell their product for a limited purpose; and I guess (for what my guess is worth) that the government could but doesn't manufacture the product themselves.



      The latest news (which may not be successful) is of companies suing for damage to their reputation.






      share|improve this answer
















      • 1




        Pharmaceutical companies can do this because they have money and law forces them to approve pharmaceuticals to be sellable at all for a list of approved uses. Theoir protest about the licensed sales comes from this application process and them having to stand in for the quality: They deny any guarantee for non-licensed reseller's drug. Another issiue they often tackle: manny of the drugs in lethal injections are not cleared for this use.
        – Trish
        Aug 17 at 14:33


















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      Speaking as a lay person, and having had some experience in dealing with the government as an inventor, I felt compelled to add this:



      As a "practical matter" you may find it difficult to gain any remedy, or any compensation from the government, regardless of the applicable law. Why? It's a matter of simple economics.



      In the courts, you get all the justice you can afford. In practice that works out as follows: Unless your pockets are very deep, you are "out-gunned" by many orders of magnitude. The government has armies of legal staff and bureaucrats working on their side, while you do not. And the government does not actually bear the cost of pressing their view in the courts; they're spending OPM (other people's money), so the costs are irrelevant.






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      • This reads as more of an opinion than a relaying of fact. Some citations or examples would go a long way to improve the quality of this answer.
        – GOATNine
        Aug 16 at 13:27






      • 1




        Good point, but: It is an opinion... my "answer" is an opinion... legal decisions are "opinions". And as a lay person, my only citation is personal experience. I suppose I see the law more as the means to an end in this case, rather than an end in itself. If this doesn't pass muster as a proper answer in this forum, I'll gladly delete it.
        – Seamus
        Aug 16 at 13:40






      • 1




        I'm not sure common knowledge needs any kind of a cite, and if this answer isn't considered common knowledge on law.se, I'm unsure what could be. Of course, people DO regularly win against the government, but they also regularly win the lottery. Research on success rates of cases would be a valuable addition to this answer, though (eg usual federal case success rate is 51%; in employment discrimination cases it's 1%; but what's the success rate for non-class-action cases against the government?).
        – Dewi Morgan
        Aug 16 at 19:05










      • Here is an example of what Seamus is talking about: The Hughes Aircraft Company had a patent dispute with the U.S. federal government that lasted over 35 years. The patent was for spin-stabilization of satellites. A petitioner who was not as rich as Howard Hughes, and not as persistent as Howard Hughes, would probably have given up. As it was, Howard Hughes died long before the federal government agreed to abide by his company's trial victories.
        – Jasper
        Aug 20 at 1:07










      protected by feetwet♦ Aug 19 at 2:32



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      6 Answers
      6






      active

      oldest

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      6 Answers
      6






      active

      oldest

      votes









      active

      oldest

      votes






      active

      oldest

      votes








      up vote
      51
      down vote



      accepted










      You cannot deny the federal government the right to use your patent, but you can sue them for "recovery of [your] reasonable and entire compensation for such use and manufacture", see 28 USC 1498. Note that the statute refers to such use as being "without license of the owner thereof or lawful right to use or manufacture the same", that is, there is no lawful right to infringe on a patent, but recourse for infringement is highly limited. A suit against the government under §1498 is (see the summary in Airborne Data v. US, 702 F.2d 1350) on an eminent domain theory. It has been long established that the right under eminent domain is only constitutionally limited by the requirement for compensation, so there is no need to say "and you may not seek an injunction". Para (b) which was added later may have explicitly limited jurisdiction to the Court of Federal Claims. There has been inconsistency in the court's interpretation of the jurisdiction requirement (Leeson v. US, vs.
      Manville Sales v. Paramount, 917 F.2d 544), though precedent has been that the Court of Claims has jurisdiction. Para (b) makes that explicit.






      share|improve this answer


















      • 2




        Additionally, if you are employed by the government and your patten was obtained for something you developed and were paid for by the Government, it belongs to the government.
        – hszmv
        Aug 15 at 15:58






      • 1




        @DonQuiKong Not unless you can find something in US law that explicitly says a patent holder can enjoin the United States from using a patent. By default you can't take action the US as it's a sovereign entity. The same would apply to the States but US law makes it explicit that "Any State [...] shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity." 35 U.S. Code § 271(h). law.cornell.edu/uscode/text/35/271#h
        – Ross Ridge
        Aug 15 at 17:38






      • 2




        If the work was a result of a Government contract, terms apply. "Generally, pursuant to 35 U.S.C. 202 and the Presidential Memorandum and Executive order cited in paragraph (a) of this section, each contractor may, after required disclosure to the Government, elect to retain title to any subject invention." However usually "The Government shall have at least a nonexclusive, nontransferable, irrevocable, paid-up license to practice, or have practiced for or on behalf of the United States, any subject invention throughout the world."
        – user71659
        Aug 15 at 19:56






      • 3




        So what you're saying is, you can't stop the government from using it, but you can demand they pay for it?
        – Benubird
        Aug 16 at 8:41






      • 3




        @ChrisW Not selling a physical product is different from trying to enforce a patent. Those states could presumably manufacture the drugs themselves if they wanted to and had the capability (somewhat analogously, the government of India can allow generic manufacturers to make various patented drugs, but they can't force, say, Pfizer, to sell drugs to them)
        – mbrig
        Aug 16 at 19:14














      up vote
      51
      down vote



      accepted










      You cannot deny the federal government the right to use your patent, but you can sue them for "recovery of [your] reasonable and entire compensation for such use and manufacture", see 28 USC 1498. Note that the statute refers to such use as being "without license of the owner thereof or lawful right to use or manufacture the same", that is, there is no lawful right to infringe on a patent, but recourse for infringement is highly limited. A suit against the government under §1498 is (see the summary in Airborne Data v. US, 702 F.2d 1350) on an eminent domain theory. It has been long established that the right under eminent domain is only constitutionally limited by the requirement for compensation, so there is no need to say "and you may not seek an injunction". Para (b) which was added later may have explicitly limited jurisdiction to the Court of Federal Claims. There has been inconsistency in the court's interpretation of the jurisdiction requirement (Leeson v. US, vs.
      Manville Sales v. Paramount, 917 F.2d 544), though precedent has been that the Court of Claims has jurisdiction. Para (b) makes that explicit.






      share|improve this answer


















      • 2




        Additionally, if you are employed by the government and your patten was obtained for something you developed and were paid for by the Government, it belongs to the government.
        – hszmv
        Aug 15 at 15:58






      • 1




        @DonQuiKong Not unless you can find something in US law that explicitly says a patent holder can enjoin the United States from using a patent. By default you can't take action the US as it's a sovereign entity. The same would apply to the States but US law makes it explicit that "Any State [...] shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity." 35 U.S. Code § 271(h). law.cornell.edu/uscode/text/35/271#h
        – Ross Ridge
        Aug 15 at 17:38






      • 2




        If the work was a result of a Government contract, terms apply. "Generally, pursuant to 35 U.S.C. 202 and the Presidential Memorandum and Executive order cited in paragraph (a) of this section, each contractor may, after required disclosure to the Government, elect to retain title to any subject invention." However usually "The Government shall have at least a nonexclusive, nontransferable, irrevocable, paid-up license to practice, or have practiced for or on behalf of the United States, any subject invention throughout the world."
        – user71659
        Aug 15 at 19:56






      • 3




        So what you're saying is, you can't stop the government from using it, but you can demand they pay for it?
        – Benubird
        Aug 16 at 8:41






      • 3




        @ChrisW Not selling a physical product is different from trying to enforce a patent. Those states could presumably manufacture the drugs themselves if they wanted to and had the capability (somewhat analogously, the government of India can allow generic manufacturers to make various patented drugs, but they can't force, say, Pfizer, to sell drugs to them)
        – mbrig
        Aug 16 at 19:14












      up vote
      51
      down vote



      accepted







      up vote
      51
      down vote



      accepted






      You cannot deny the federal government the right to use your patent, but you can sue them for "recovery of [your] reasonable and entire compensation for such use and manufacture", see 28 USC 1498. Note that the statute refers to such use as being "without license of the owner thereof or lawful right to use or manufacture the same", that is, there is no lawful right to infringe on a patent, but recourse for infringement is highly limited. A suit against the government under §1498 is (see the summary in Airborne Data v. US, 702 F.2d 1350) on an eminent domain theory. It has been long established that the right under eminent domain is only constitutionally limited by the requirement for compensation, so there is no need to say "and you may not seek an injunction". Para (b) which was added later may have explicitly limited jurisdiction to the Court of Federal Claims. There has been inconsistency in the court's interpretation of the jurisdiction requirement (Leeson v. US, vs.
      Manville Sales v. Paramount, 917 F.2d 544), though precedent has been that the Court of Claims has jurisdiction. Para (b) makes that explicit.






      share|improve this answer














      You cannot deny the federal government the right to use your patent, but you can sue them for "recovery of [your] reasonable and entire compensation for such use and manufacture", see 28 USC 1498. Note that the statute refers to such use as being "without license of the owner thereof or lawful right to use or manufacture the same", that is, there is no lawful right to infringe on a patent, but recourse for infringement is highly limited. A suit against the government under §1498 is (see the summary in Airborne Data v. US, 702 F.2d 1350) on an eminent domain theory. It has been long established that the right under eminent domain is only constitutionally limited by the requirement for compensation, so there is no need to say "and you may not seek an injunction". Para (b) which was added later may have explicitly limited jurisdiction to the Court of Federal Claims. There has been inconsistency in the court's interpretation of the jurisdiction requirement (Leeson v. US, vs.
      Manville Sales v. Paramount, 917 F.2d 544), though precedent has been that the Court of Claims has jurisdiction. Para (b) makes that explicit.







      share|improve this answer














      share|improve this answer



      share|improve this answer








      edited Aug 15 at 18:30

























      answered Aug 15 at 14:50









      user6726

      49.6k24386




      49.6k24386







      • 2




        Additionally, if you are employed by the government and your patten was obtained for something you developed and were paid for by the Government, it belongs to the government.
        – hszmv
        Aug 15 at 15:58






      • 1




        @DonQuiKong Not unless you can find something in US law that explicitly says a patent holder can enjoin the United States from using a patent. By default you can't take action the US as it's a sovereign entity. The same would apply to the States but US law makes it explicit that "Any State [...] shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity." 35 U.S. Code § 271(h). law.cornell.edu/uscode/text/35/271#h
        – Ross Ridge
        Aug 15 at 17:38






      • 2




        If the work was a result of a Government contract, terms apply. "Generally, pursuant to 35 U.S.C. 202 and the Presidential Memorandum and Executive order cited in paragraph (a) of this section, each contractor may, after required disclosure to the Government, elect to retain title to any subject invention." However usually "The Government shall have at least a nonexclusive, nontransferable, irrevocable, paid-up license to practice, or have practiced for or on behalf of the United States, any subject invention throughout the world."
        – user71659
        Aug 15 at 19:56






      • 3




        So what you're saying is, you can't stop the government from using it, but you can demand they pay for it?
        – Benubird
        Aug 16 at 8:41






      • 3




        @ChrisW Not selling a physical product is different from trying to enforce a patent. Those states could presumably manufacture the drugs themselves if they wanted to and had the capability (somewhat analogously, the government of India can allow generic manufacturers to make various patented drugs, but they can't force, say, Pfizer, to sell drugs to them)
        – mbrig
        Aug 16 at 19:14












      • 2




        Additionally, if you are employed by the government and your patten was obtained for something you developed and were paid for by the Government, it belongs to the government.
        – hszmv
        Aug 15 at 15:58






      • 1




        @DonQuiKong Not unless you can find something in US law that explicitly says a patent holder can enjoin the United States from using a patent. By default you can't take action the US as it's a sovereign entity. The same would apply to the States but US law makes it explicit that "Any State [...] shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity." 35 U.S. Code § 271(h). law.cornell.edu/uscode/text/35/271#h
        – Ross Ridge
        Aug 15 at 17:38






      • 2




        If the work was a result of a Government contract, terms apply. "Generally, pursuant to 35 U.S.C. 202 and the Presidential Memorandum and Executive order cited in paragraph (a) of this section, each contractor may, after required disclosure to the Government, elect to retain title to any subject invention." However usually "The Government shall have at least a nonexclusive, nontransferable, irrevocable, paid-up license to practice, or have practiced for or on behalf of the United States, any subject invention throughout the world."
        – user71659
        Aug 15 at 19:56






      • 3




        So what you're saying is, you can't stop the government from using it, but you can demand they pay for it?
        – Benubird
        Aug 16 at 8:41






      • 3




        @ChrisW Not selling a physical product is different from trying to enforce a patent. Those states could presumably manufacture the drugs themselves if they wanted to and had the capability (somewhat analogously, the government of India can allow generic manufacturers to make various patented drugs, but they can't force, say, Pfizer, to sell drugs to them)
        – mbrig
        Aug 16 at 19:14







      2




      2




      Additionally, if you are employed by the government and your patten was obtained for something you developed and were paid for by the Government, it belongs to the government.
      – hszmv
      Aug 15 at 15:58




      Additionally, if you are employed by the government and your patten was obtained for something you developed and were paid for by the Government, it belongs to the government.
      – hszmv
      Aug 15 at 15:58




      1




      1




      @DonQuiKong Not unless you can find something in US law that explicitly says a patent holder can enjoin the United States from using a patent. By default you can't take action the US as it's a sovereign entity. The same would apply to the States but US law makes it explicit that "Any State [...] shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity." 35 U.S. Code § 271(h). law.cornell.edu/uscode/text/35/271#h
      – Ross Ridge
      Aug 15 at 17:38




      @DonQuiKong Not unless you can find something in US law that explicitly says a patent holder can enjoin the United States from using a patent. By default you can't take action the US as it's a sovereign entity. The same would apply to the States but US law makes it explicit that "Any State [...] shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity." 35 U.S. Code § 271(h). law.cornell.edu/uscode/text/35/271#h
      – Ross Ridge
      Aug 15 at 17:38




      2




      2




      If the work was a result of a Government contract, terms apply. "Generally, pursuant to 35 U.S.C. 202 and the Presidential Memorandum and Executive order cited in paragraph (a) of this section, each contractor may, after required disclosure to the Government, elect to retain title to any subject invention." However usually "The Government shall have at least a nonexclusive, nontransferable, irrevocable, paid-up license to practice, or have practiced for or on behalf of the United States, any subject invention throughout the world."
      – user71659
      Aug 15 at 19:56




      If the work was a result of a Government contract, terms apply. "Generally, pursuant to 35 U.S.C. 202 and the Presidential Memorandum and Executive order cited in paragraph (a) of this section, each contractor may, after required disclosure to the Government, elect to retain title to any subject invention." However usually "The Government shall have at least a nonexclusive, nontransferable, irrevocable, paid-up license to practice, or have practiced for or on behalf of the United States, any subject invention throughout the world."
      – user71659
      Aug 15 at 19:56




      3




      3




      So what you're saying is, you can't stop the government from using it, but you can demand they pay for it?
      – Benubird
      Aug 16 at 8:41




      So what you're saying is, you can't stop the government from using it, but you can demand they pay for it?
      – Benubird
      Aug 16 at 8:41




      3




      3




      @ChrisW Not selling a physical product is different from trying to enforce a patent. Those states could presumably manufacture the drugs themselves if they wanted to and had the capability (somewhat analogously, the government of India can allow generic manufacturers to make various patented drugs, but they can't force, say, Pfizer, to sell drugs to them)
      – mbrig
      Aug 16 at 19:14




      @ChrisW Not selling a physical product is different from trying to enforce a patent. Those states could presumably manufacture the drugs themselves if they wanted to and had the capability (somewhat analogously, the government of India can allow generic manufacturers to make various patented drugs, but they can't force, say, Pfizer, to sell drugs to them)
      – mbrig
      Aug 16 at 19:14










      up vote
      57
      down vote













      Can you prevent the government from using your patent? The opposite is actually true.



      If you patent something, and it is felt to be potentially of national security interest, then they can take your invention for the nation, produce it, and prevent you producing it or sharing the design indefinitely (though it will be reviewed annually). This has happened to about 5000 patents so far.



      https://www.wired.com/2013/04/gov-secrecy-orders-on-patents/



      Even where it is not of national security interest, and the government (or its contractors!) is not using it directly as covered in user6726' answer, they can still take your patent under the equivalent of eminent domain... well, I'll quote from http://patentplaques-blog.com/eminent-domain-excercised-on-patents/




      During World War I, the military took all patents relevant to wireless
      technology and put them in a mandatory licensing pool. Anyone was then
      able to use the patents and the patent holders received royalties. The
      pooling of the patents led to innovations including the mass
      production of vacuum tubes and a national FM radio network.




      So, in short, the government can use your invention for its own purposes; it can prevent you from using it; and it can force you to give it to others.



      They don't do this too often, but if you're working in an area that you think will be of especial interest to them, it's something to be aware of. In general, they will compensate you somewhat for your trouble, but not as much as the open market could have.






      share|improve this answer


























        up vote
        57
        down vote













        Can you prevent the government from using your patent? The opposite is actually true.



        If you patent something, and it is felt to be potentially of national security interest, then they can take your invention for the nation, produce it, and prevent you producing it or sharing the design indefinitely (though it will be reviewed annually). This has happened to about 5000 patents so far.



        https://www.wired.com/2013/04/gov-secrecy-orders-on-patents/



        Even where it is not of national security interest, and the government (or its contractors!) is not using it directly as covered in user6726' answer, they can still take your patent under the equivalent of eminent domain... well, I'll quote from http://patentplaques-blog.com/eminent-domain-excercised-on-patents/




        During World War I, the military took all patents relevant to wireless
        technology and put them in a mandatory licensing pool. Anyone was then
        able to use the patents and the patent holders received royalties. The
        pooling of the patents led to innovations including the mass
        production of vacuum tubes and a national FM radio network.




        So, in short, the government can use your invention for its own purposes; it can prevent you from using it; and it can force you to give it to others.



        They don't do this too often, but if you're working in an area that you think will be of especial interest to them, it's something to be aware of. In general, they will compensate you somewhat for your trouble, but not as much as the open market could have.






        share|improve this answer
























          up vote
          57
          down vote










          up vote
          57
          down vote









          Can you prevent the government from using your patent? The opposite is actually true.



          If you patent something, and it is felt to be potentially of national security interest, then they can take your invention for the nation, produce it, and prevent you producing it or sharing the design indefinitely (though it will be reviewed annually). This has happened to about 5000 patents so far.



          https://www.wired.com/2013/04/gov-secrecy-orders-on-patents/



          Even where it is not of national security interest, and the government (or its contractors!) is not using it directly as covered in user6726' answer, they can still take your patent under the equivalent of eminent domain... well, I'll quote from http://patentplaques-blog.com/eminent-domain-excercised-on-patents/




          During World War I, the military took all patents relevant to wireless
          technology and put them in a mandatory licensing pool. Anyone was then
          able to use the patents and the patent holders received royalties. The
          pooling of the patents led to innovations including the mass
          production of vacuum tubes and a national FM radio network.




          So, in short, the government can use your invention for its own purposes; it can prevent you from using it; and it can force you to give it to others.



          They don't do this too often, but if you're working in an area that you think will be of especial interest to them, it's something to be aware of. In general, they will compensate you somewhat for your trouble, but not as much as the open market could have.






          share|improve this answer














          Can you prevent the government from using your patent? The opposite is actually true.



          If you patent something, and it is felt to be potentially of national security interest, then they can take your invention for the nation, produce it, and prevent you producing it or sharing the design indefinitely (though it will be reviewed annually). This has happened to about 5000 patents so far.



          https://www.wired.com/2013/04/gov-secrecy-orders-on-patents/



          Even where it is not of national security interest, and the government (or its contractors!) is not using it directly as covered in user6726' answer, they can still take your patent under the equivalent of eminent domain... well, I'll quote from http://patentplaques-blog.com/eminent-domain-excercised-on-patents/




          During World War I, the military took all patents relevant to wireless
          technology and put them in a mandatory licensing pool. Anyone was then
          able to use the patents and the patent holders received royalties. The
          pooling of the patents led to innovations including the mass
          production of vacuum tubes and a national FM radio network.




          So, in short, the government can use your invention for its own purposes; it can prevent you from using it; and it can force you to give it to others.



          They don't do this too often, but if you're working in an area that you think will be of especial interest to them, it's something to be aware of. In general, they will compensate you somewhat for your trouble, but not as much as the open market could have.







          share|improve this answer














          share|improve this answer



          share|improve this answer








          edited Aug 15 at 19:09

























          answered Aug 15 at 18:26









          Dewi Morgan

          67115




          67115




















              up vote
              10
              down vote













              The Paris Convention for the Protection of Industrial Property allows countries to issue compulsory licences when patent holders abuse their patent rights. This specifically includes preventing the use of the invention or unduly limiting it's use.




              (2) Each country of the Union shall have the right to take legislative
              measures providing for the grant of compulsory licenses to prevent the
              abuses which might result from the exercise of the exclusive rights
              conferred by the patent, for example, failure to work.



              ...



              (4) A compulsory license may not be applied for on the ground of
              failure to work or insufficient working before the expiration of a
              period of four years from the date of filing of the patent application
              or three years from the date of the grant of the patent, whichever
              period expires last; it shall be refused if the patentee justifies his
              inaction by legitimate reasons. [...]




              "Work" in this context means producing or importing the invention.



              While the US in particular has no working requirement for patents, user6726's answer shows it's not possible to stop the US government from using your patent. (As both US and foreign patent holders are denied this remedy, it doesn't violate the Paris Convention.) Other governments will either be able to rely on the working requirements or special national interest or security exceptions. Patents are supposed beneficial for countries, not weapons used to deny some technology, so every country is going to have some means to prevent this. Worst case they can always amend their laws if it's important enough.



              Moreover, in the US injunctions for patent violations aren't automatic, so you may not be able to stop non-government entities from using your patent for "evil" purposes. For example, in MercExchange, LLc v. eBay, Inc the courts refused to issue an injunction against eBay despite finding that eBay had wilfully infringed on MercExchange's patent. The District Court ultimately decided, after a Supreme Court appeal, that monetary damages were a sufficient remedy.






              share|improve this answer


























                up vote
                10
                down vote













                The Paris Convention for the Protection of Industrial Property allows countries to issue compulsory licences when patent holders abuse their patent rights. This specifically includes preventing the use of the invention or unduly limiting it's use.




                (2) Each country of the Union shall have the right to take legislative
                measures providing for the grant of compulsory licenses to prevent the
                abuses which might result from the exercise of the exclusive rights
                conferred by the patent, for example, failure to work.



                ...



                (4) A compulsory license may not be applied for on the ground of
                failure to work or insufficient working before the expiration of a
                period of four years from the date of filing of the patent application
                or three years from the date of the grant of the patent, whichever
                period expires last; it shall be refused if the patentee justifies his
                inaction by legitimate reasons. [...]




                "Work" in this context means producing or importing the invention.



                While the US in particular has no working requirement for patents, user6726's answer shows it's not possible to stop the US government from using your patent. (As both US and foreign patent holders are denied this remedy, it doesn't violate the Paris Convention.) Other governments will either be able to rely on the working requirements or special national interest or security exceptions. Patents are supposed beneficial for countries, not weapons used to deny some technology, so every country is going to have some means to prevent this. Worst case they can always amend their laws if it's important enough.



                Moreover, in the US injunctions for patent violations aren't automatic, so you may not be able to stop non-government entities from using your patent for "evil" purposes. For example, in MercExchange, LLc v. eBay, Inc the courts refused to issue an injunction against eBay despite finding that eBay had wilfully infringed on MercExchange's patent. The District Court ultimately decided, after a Supreme Court appeal, that monetary damages were a sufficient remedy.






                share|improve this answer
























                  up vote
                  10
                  down vote










                  up vote
                  10
                  down vote









                  The Paris Convention for the Protection of Industrial Property allows countries to issue compulsory licences when patent holders abuse their patent rights. This specifically includes preventing the use of the invention or unduly limiting it's use.




                  (2) Each country of the Union shall have the right to take legislative
                  measures providing for the grant of compulsory licenses to prevent the
                  abuses which might result from the exercise of the exclusive rights
                  conferred by the patent, for example, failure to work.



                  ...



                  (4) A compulsory license may not be applied for on the ground of
                  failure to work or insufficient working before the expiration of a
                  period of four years from the date of filing of the patent application
                  or three years from the date of the grant of the patent, whichever
                  period expires last; it shall be refused if the patentee justifies his
                  inaction by legitimate reasons. [...]




                  "Work" in this context means producing or importing the invention.



                  While the US in particular has no working requirement for patents, user6726's answer shows it's not possible to stop the US government from using your patent. (As both US and foreign patent holders are denied this remedy, it doesn't violate the Paris Convention.) Other governments will either be able to rely on the working requirements or special national interest or security exceptions. Patents are supposed beneficial for countries, not weapons used to deny some technology, so every country is going to have some means to prevent this. Worst case they can always amend their laws if it's important enough.



                  Moreover, in the US injunctions for patent violations aren't automatic, so you may not be able to stop non-government entities from using your patent for "evil" purposes. For example, in MercExchange, LLc v. eBay, Inc the courts refused to issue an injunction against eBay despite finding that eBay had wilfully infringed on MercExchange's patent. The District Court ultimately decided, after a Supreme Court appeal, that monetary damages were a sufficient remedy.






                  share|improve this answer














                  The Paris Convention for the Protection of Industrial Property allows countries to issue compulsory licences when patent holders abuse their patent rights. This specifically includes preventing the use of the invention or unduly limiting it's use.




                  (2) Each country of the Union shall have the right to take legislative
                  measures providing for the grant of compulsory licenses to prevent the
                  abuses which might result from the exercise of the exclusive rights
                  conferred by the patent, for example, failure to work.



                  ...



                  (4) A compulsory license may not be applied for on the ground of
                  failure to work or insufficient working before the expiration of a
                  period of four years from the date of filing of the patent application
                  or three years from the date of the grant of the patent, whichever
                  period expires last; it shall be refused if the patentee justifies his
                  inaction by legitimate reasons. [...]




                  "Work" in this context means producing or importing the invention.



                  While the US in particular has no working requirement for patents, user6726's answer shows it's not possible to stop the US government from using your patent. (As both US and foreign patent holders are denied this remedy, it doesn't violate the Paris Convention.) Other governments will either be able to rely on the working requirements or special national interest or security exceptions. Patents are supposed beneficial for countries, not weapons used to deny some technology, so every country is going to have some means to prevent this. Worst case they can always amend their laws if it's important enough.



                  Moreover, in the US injunctions for patent violations aren't automatic, so you may not be able to stop non-government entities from using your patent for "evil" purposes. For example, in MercExchange, LLc v. eBay, Inc the courts refused to issue an injunction against eBay despite finding that eBay had wilfully infringed on MercExchange's patent. The District Court ultimately decided, after a Supreme Court appeal, that monetary damages were a sufficient remedy.







                  share|improve this answer














                  share|improve this answer



                  share|improve this answer








                  edited Aug 16 at 13:09

























                  answered Aug 15 at 19:20









                  Ross Ridge

                  26117




                  26117




















                      up vote
                      3
                      down vote













                      Others have explained why you cannot use the patent system to prevent the Government using your invention. However "patents" aren't the only way to protect Intellectual Property. The other option is to keep it a trade secret, which you only reveal to people you trust, and under non-disclosure agreements.



                      If it leaks to the government, you can sue the leakers - but not the government.






                      share|improve this answer
















                      • 2




                        Why would you expect trade secrets to be unaffected by the doctrine of eminent domain?
                        – Sneftel
                        Aug 16 at 7:57






                      • 4




                        @Sneftel: Eminent domain affects property. Trade Secrets are not property.
                        – MSalters
                        Aug 16 at 8:18






                      • 3




                        @MSalters Well, the takings clause of the Constitution is the only thing stopping them from seizing your invention and not paying you, and it applies specifically to property, so your lawyer had better not argue that trade secrets aren't property.
                        – Sneftel
                        Aug 16 at 9:14






                      • 1




                        @Sneftel How could the government sieze the secret recipe for Coke? If it's only kept in the heads of individuals, it is immune from seizure. (If it's written down, they can seize the bits of paper of course. I don't know how that would interact with eminent domain.)
                        – Martin Bonner
                        Aug 16 at 9:56






                      • 5




                        Assuming the secret recipe of Coke is in your head alone and it is of "national importance" and you refuse to tell, you lose your inalienable civil rights and are held on a former oil platform in the southern hemisphere until you do. Just saying. Nobody is interested in your petty arguments, governments and their agencies simply take what they want. Your rights are worth exactly zero.
                        – Damon
                        Aug 16 at 10:05















                      up vote
                      3
                      down vote













                      Others have explained why you cannot use the patent system to prevent the Government using your invention. However "patents" aren't the only way to protect Intellectual Property. The other option is to keep it a trade secret, which you only reveal to people you trust, and under non-disclosure agreements.



                      If it leaks to the government, you can sue the leakers - but not the government.






                      share|improve this answer
















                      • 2




                        Why would you expect trade secrets to be unaffected by the doctrine of eminent domain?
                        – Sneftel
                        Aug 16 at 7:57






                      • 4




                        @Sneftel: Eminent domain affects property. Trade Secrets are not property.
                        – MSalters
                        Aug 16 at 8:18






                      • 3




                        @MSalters Well, the takings clause of the Constitution is the only thing stopping them from seizing your invention and not paying you, and it applies specifically to property, so your lawyer had better not argue that trade secrets aren't property.
                        – Sneftel
                        Aug 16 at 9:14






                      • 1




                        @Sneftel How could the government sieze the secret recipe for Coke? If it's only kept in the heads of individuals, it is immune from seizure. (If it's written down, they can seize the bits of paper of course. I don't know how that would interact with eminent domain.)
                        – Martin Bonner
                        Aug 16 at 9:56






                      • 5




                        Assuming the secret recipe of Coke is in your head alone and it is of "national importance" and you refuse to tell, you lose your inalienable civil rights and are held on a former oil platform in the southern hemisphere until you do. Just saying. Nobody is interested in your petty arguments, governments and their agencies simply take what they want. Your rights are worth exactly zero.
                        – Damon
                        Aug 16 at 10:05













                      up vote
                      3
                      down vote










                      up vote
                      3
                      down vote









                      Others have explained why you cannot use the patent system to prevent the Government using your invention. However "patents" aren't the only way to protect Intellectual Property. The other option is to keep it a trade secret, which you only reveal to people you trust, and under non-disclosure agreements.



                      If it leaks to the government, you can sue the leakers - but not the government.






                      share|improve this answer












                      Others have explained why you cannot use the patent system to prevent the Government using your invention. However "patents" aren't the only way to protect Intellectual Property. The other option is to keep it a trade secret, which you only reveal to people you trust, and under non-disclosure agreements.



                      If it leaks to the government, you can sue the leakers - but not the government.







                      share|improve this answer












                      share|improve this answer



                      share|improve this answer










                      answered Aug 16 at 5:55









                      Martin Bonner

                      1,982315




                      1,982315







                      • 2




                        Why would you expect trade secrets to be unaffected by the doctrine of eminent domain?
                        – Sneftel
                        Aug 16 at 7:57






                      • 4




                        @Sneftel: Eminent domain affects property. Trade Secrets are not property.
                        – MSalters
                        Aug 16 at 8:18






                      • 3




                        @MSalters Well, the takings clause of the Constitution is the only thing stopping them from seizing your invention and not paying you, and it applies specifically to property, so your lawyer had better not argue that trade secrets aren't property.
                        – Sneftel
                        Aug 16 at 9:14






                      • 1




                        @Sneftel How could the government sieze the secret recipe for Coke? If it's only kept in the heads of individuals, it is immune from seizure. (If it's written down, they can seize the bits of paper of course. I don't know how that would interact with eminent domain.)
                        – Martin Bonner
                        Aug 16 at 9:56






                      • 5




                        Assuming the secret recipe of Coke is in your head alone and it is of "national importance" and you refuse to tell, you lose your inalienable civil rights and are held on a former oil platform in the southern hemisphere until you do. Just saying. Nobody is interested in your petty arguments, governments and their agencies simply take what they want. Your rights are worth exactly zero.
                        – Damon
                        Aug 16 at 10:05













                      • 2




                        Why would you expect trade secrets to be unaffected by the doctrine of eminent domain?
                        – Sneftel
                        Aug 16 at 7:57






                      • 4




                        @Sneftel: Eminent domain affects property. Trade Secrets are not property.
                        – MSalters
                        Aug 16 at 8:18






                      • 3




                        @MSalters Well, the takings clause of the Constitution is the only thing stopping them from seizing your invention and not paying you, and it applies specifically to property, so your lawyer had better not argue that trade secrets aren't property.
                        – Sneftel
                        Aug 16 at 9:14






                      • 1




                        @Sneftel How could the government sieze the secret recipe for Coke? If it's only kept in the heads of individuals, it is immune from seizure. (If it's written down, they can seize the bits of paper of course. I don't know how that would interact with eminent domain.)
                        – Martin Bonner
                        Aug 16 at 9:56






                      • 5




                        Assuming the secret recipe of Coke is in your head alone and it is of "national importance" and you refuse to tell, you lose your inalienable civil rights and are held on a former oil platform in the southern hemisphere until you do. Just saying. Nobody is interested in your petty arguments, governments and their agencies simply take what they want. Your rights are worth exactly zero.
                        – Damon
                        Aug 16 at 10:05








                      2




                      2




                      Why would you expect trade secrets to be unaffected by the doctrine of eminent domain?
                      – Sneftel
                      Aug 16 at 7:57




                      Why would you expect trade secrets to be unaffected by the doctrine of eminent domain?
                      – Sneftel
                      Aug 16 at 7:57




                      4




                      4




                      @Sneftel: Eminent domain affects property. Trade Secrets are not property.
                      – MSalters
                      Aug 16 at 8:18




                      @Sneftel: Eminent domain affects property. Trade Secrets are not property.
                      – MSalters
                      Aug 16 at 8:18




                      3




                      3




                      @MSalters Well, the takings clause of the Constitution is the only thing stopping them from seizing your invention and not paying you, and it applies specifically to property, so your lawyer had better not argue that trade secrets aren't property.
                      – Sneftel
                      Aug 16 at 9:14




                      @MSalters Well, the takings clause of the Constitution is the only thing stopping them from seizing your invention and not paying you, and it applies specifically to property, so your lawyer had better not argue that trade secrets aren't property.
                      – Sneftel
                      Aug 16 at 9:14




                      1




                      1




                      @Sneftel How could the government sieze the secret recipe for Coke? If it's only kept in the heads of individuals, it is immune from seizure. (If it's written down, they can seize the bits of paper of course. I don't know how that would interact with eminent domain.)
                      – Martin Bonner
                      Aug 16 at 9:56




                      @Sneftel How could the government sieze the secret recipe for Coke? If it's only kept in the heads of individuals, it is immune from seizure. (If it's written down, they can seize the bits of paper of course. I don't know how that would interact with eminent domain.)
                      – Martin Bonner
                      Aug 16 at 9:56




                      5




                      5




                      Assuming the secret recipe of Coke is in your head alone and it is of "national importance" and you refuse to tell, you lose your inalienable civil rights and are held on a former oil platform in the southern hemisphere until you do. Just saying. Nobody is interested in your petty arguments, governments and their agencies simply take what they want. Your rights are worth exactly zero.
                      – Damon
                      Aug 16 at 10:05





                      Assuming the secret recipe of Coke is in your head alone and it is of "national importance" and you refuse to tell, you lose your inalienable civil rights and are held on a former oil platform in the southern hemisphere until you do. Just saying. Nobody is interested in your petty arguments, governments and their agencies simply take what they want. Your rights are worth exactly zero.
                      – Damon
                      Aug 16 at 10:05











                      up vote
                      1
                      down vote













                      if not, are there any ways in which I can sabotage or otherwise render it difficult for them



                      There may be a parallel in this news topic -- https://www.google.fr/search?q=pharmaceutical+execution -- i.e. pharmaceutical manufacturers trying to prevent State governments from buying their product to use for executing convicts.



                      This has been happening for a long time, with mixed or partial success.



                      I suppose the companies license/sell their product for a limited purpose; and I guess (for what my guess is worth) that the government could but doesn't manufacture the product themselves.



                      The latest news (which may not be successful) is of companies suing for damage to their reputation.






                      share|improve this answer
















                      • 1




                        Pharmaceutical companies can do this because they have money and law forces them to approve pharmaceuticals to be sellable at all for a list of approved uses. Theoir protest about the licensed sales comes from this application process and them having to stand in for the quality: They deny any guarantee for non-licensed reseller's drug. Another issiue they often tackle: manny of the drugs in lethal injections are not cleared for this use.
                        – Trish
                        Aug 17 at 14:33















                      up vote
                      1
                      down vote













                      if not, are there any ways in which I can sabotage or otherwise render it difficult for them



                      There may be a parallel in this news topic -- https://www.google.fr/search?q=pharmaceutical+execution -- i.e. pharmaceutical manufacturers trying to prevent State governments from buying their product to use for executing convicts.



                      This has been happening for a long time, with mixed or partial success.



                      I suppose the companies license/sell their product for a limited purpose; and I guess (for what my guess is worth) that the government could but doesn't manufacture the product themselves.



                      The latest news (which may not be successful) is of companies suing for damage to their reputation.






                      share|improve this answer
















                      • 1




                        Pharmaceutical companies can do this because they have money and law forces them to approve pharmaceuticals to be sellable at all for a list of approved uses. Theoir protest about the licensed sales comes from this application process and them having to stand in for the quality: They deny any guarantee for non-licensed reseller's drug. Another issiue they often tackle: manny of the drugs in lethal injections are not cleared for this use.
                        – Trish
                        Aug 17 at 14:33













                      up vote
                      1
                      down vote










                      up vote
                      1
                      down vote









                      if not, are there any ways in which I can sabotage or otherwise render it difficult for them



                      There may be a parallel in this news topic -- https://www.google.fr/search?q=pharmaceutical+execution -- i.e. pharmaceutical manufacturers trying to prevent State governments from buying their product to use for executing convicts.



                      This has been happening for a long time, with mixed or partial success.



                      I suppose the companies license/sell their product for a limited purpose; and I guess (for what my guess is worth) that the government could but doesn't manufacture the product themselves.



                      The latest news (which may not be successful) is of companies suing for damage to their reputation.






                      share|improve this answer












                      if not, are there any ways in which I can sabotage or otherwise render it difficult for them



                      There may be a parallel in this news topic -- https://www.google.fr/search?q=pharmaceutical+execution -- i.e. pharmaceutical manufacturers trying to prevent State governments from buying their product to use for executing convicts.



                      This has been happening for a long time, with mixed or partial success.



                      I suppose the companies license/sell their product for a limited purpose; and I guess (for what my guess is worth) that the government could but doesn't manufacture the product themselves.



                      The latest news (which may not be successful) is of companies suing for damage to their reputation.







                      share|improve this answer












                      share|improve this answer



                      share|improve this answer










                      answered Aug 16 at 10:27









                      ChrisW

                      349110




                      349110







                      • 1




                        Pharmaceutical companies can do this because they have money and law forces them to approve pharmaceuticals to be sellable at all for a list of approved uses. Theoir protest about the licensed sales comes from this application process and them having to stand in for the quality: They deny any guarantee for non-licensed reseller's drug. Another issiue they often tackle: manny of the drugs in lethal injections are not cleared for this use.
                        – Trish
                        Aug 17 at 14:33













                      • 1




                        Pharmaceutical companies can do this because they have money and law forces them to approve pharmaceuticals to be sellable at all for a list of approved uses. Theoir protest about the licensed sales comes from this application process and them having to stand in for the quality: They deny any guarantee for non-licensed reseller's drug. Another issiue they often tackle: manny of the drugs in lethal injections are not cleared for this use.
                        – Trish
                        Aug 17 at 14:33








                      1




                      1




                      Pharmaceutical companies can do this because they have money and law forces them to approve pharmaceuticals to be sellable at all for a list of approved uses. Theoir protest about the licensed sales comes from this application process and them having to stand in for the quality: They deny any guarantee for non-licensed reseller's drug. Another issiue they often tackle: manny of the drugs in lethal injections are not cleared for this use.
                      – Trish
                      Aug 17 at 14:33





                      Pharmaceutical companies can do this because they have money and law forces them to approve pharmaceuticals to be sellable at all for a list of approved uses. Theoir protest about the licensed sales comes from this application process and them having to stand in for the quality: They deny any guarantee for non-licensed reseller's drug. Another issiue they often tackle: manny of the drugs in lethal injections are not cleared for this use.
                      – Trish
                      Aug 17 at 14:33











                      up vote
                      1
                      down vote













                      Speaking as a lay person, and having had some experience in dealing with the government as an inventor, I felt compelled to add this:



                      As a "practical matter" you may find it difficult to gain any remedy, or any compensation from the government, regardless of the applicable law. Why? It's a matter of simple economics.



                      In the courts, you get all the justice you can afford. In practice that works out as follows: Unless your pockets are very deep, you are "out-gunned" by many orders of magnitude. The government has armies of legal staff and bureaucrats working on their side, while you do not. And the government does not actually bear the cost of pressing their view in the courts; they're spending OPM (other people's money), so the costs are irrelevant.






                      share|improve this answer




















                      • This reads as more of an opinion than a relaying of fact. Some citations or examples would go a long way to improve the quality of this answer.
                        – GOATNine
                        Aug 16 at 13:27






                      • 1




                        Good point, but: It is an opinion... my "answer" is an opinion... legal decisions are "opinions". And as a lay person, my only citation is personal experience. I suppose I see the law more as the means to an end in this case, rather than an end in itself. If this doesn't pass muster as a proper answer in this forum, I'll gladly delete it.
                        – Seamus
                        Aug 16 at 13:40






                      • 1




                        I'm not sure common knowledge needs any kind of a cite, and if this answer isn't considered common knowledge on law.se, I'm unsure what could be. Of course, people DO regularly win against the government, but they also regularly win the lottery. Research on success rates of cases would be a valuable addition to this answer, though (eg usual federal case success rate is 51%; in employment discrimination cases it's 1%; but what's the success rate for non-class-action cases against the government?).
                        – Dewi Morgan
                        Aug 16 at 19:05










                      • Here is an example of what Seamus is talking about: The Hughes Aircraft Company had a patent dispute with the U.S. federal government that lasted over 35 years. The patent was for spin-stabilization of satellites. A petitioner who was not as rich as Howard Hughes, and not as persistent as Howard Hughes, would probably have given up. As it was, Howard Hughes died long before the federal government agreed to abide by his company's trial victories.
                        – Jasper
                        Aug 20 at 1:07















                      up vote
                      1
                      down vote













                      Speaking as a lay person, and having had some experience in dealing with the government as an inventor, I felt compelled to add this:



                      As a "practical matter" you may find it difficult to gain any remedy, or any compensation from the government, regardless of the applicable law. Why? It's a matter of simple economics.



                      In the courts, you get all the justice you can afford. In practice that works out as follows: Unless your pockets are very deep, you are "out-gunned" by many orders of magnitude. The government has armies of legal staff and bureaucrats working on their side, while you do not. And the government does not actually bear the cost of pressing their view in the courts; they're spending OPM (other people's money), so the costs are irrelevant.






                      share|improve this answer




















                      • This reads as more of an opinion than a relaying of fact. Some citations or examples would go a long way to improve the quality of this answer.
                        – GOATNine
                        Aug 16 at 13:27






                      • 1




                        Good point, but: It is an opinion... my "answer" is an opinion... legal decisions are "opinions". And as a lay person, my only citation is personal experience. I suppose I see the law more as the means to an end in this case, rather than an end in itself. If this doesn't pass muster as a proper answer in this forum, I'll gladly delete it.
                        – Seamus
                        Aug 16 at 13:40






                      • 1




                        I'm not sure common knowledge needs any kind of a cite, and if this answer isn't considered common knowledge on law.se, I'm unsure what could be. Of course, people DO regularly win against the government, but they also regularly win the lottery. Research on success rates of cases would be a valuable addition to this answer, though (eg usual federal case success rate is 51%; in employment discrimination cases it's 1%; but what's the success rate for non-class-action cases against the government?).
                        – Dewi Morgan
                        Aug 16 at 19:05










                      • Here is an example of what Seamus is talking about: The Hughes Aircraft Company had a patent dispute with the U.S. federal government that lasted over 35 years. The patent was for spin-stabilization of satellites. A petitioner who was not as rich as Howard Hughes, and not as persistent as Howard Hughes, would probably have given up. As it was, Howard Hughes died long before the federal government agreed to abide by his company's trial victories.
                        – Jasper
                        Aug 20 at 1:07













                      up vote
                      1
                      down vote










                      up vote
                      1
                      down vote









                      Speaking as a lay person, and having had some experience in dealing with the government as an inventor, I felt compelled to add this:



                      As a "practical matter" you may find it difficult to gain any remedy, or any compensation from the government, regardless of the applicable law. Why? It's a matter of simple economics.



                      In the courts, you get all the justice you can afford. In practice that works out as follows: Unless your pockets are very deep, you are "out-gunned" by many orders of magnitude. The government has armies of legal staff and bureaucrats working on their side, while you do not. And the government does not actually bear the cost of pressing their view in the courts; they're spending OPM (other people's money), so the costs are irrelevant.






                      share|improve this answer












                      Speaking as a lay person, and having had some experience in dealing with the government as an inventor, I felt compelled to add this:



                      As a "practical matter" you may find it difficult to gain any remedy, or any compensation from the government, regardless of the applicable law. Why? It's a matter of simple economics.



                      In the courts, you get all the justice you can afford. In practice that works out as follows: Unless your pockets are very deep, you are "out-gunned" by many orders of magnitude. The government has armies of legal staff and bureaucrats working on their side, while you do not. And the government does not actually bear the cost of pressing their view in the courts; they're spending OPM (other people's money), so the costs are irrelevant.







                      share|improve this answer












                      share|improve this answer



                      share|improve this answer










                      answered Aug 16 at 13:03









                      Seamus

                      1434




                      1434











                      • This reads as more of an opinion than a relaying of fact. Some citations or examples would go a long way to improve the quality of this answer.
                        – GOATNine
                        Aug 16 at 13:27






                      • 1




                        Good point, but: It is an opinion... my "answer" is an opinion... legal decisions are "opinions". And as a lay person, my only citation is personal experience. I suppose I see the law more as the means to an end in this case, rather than an end in itself. If this doesn't pass muster as a proper answer in this forum, I'll gladly delete it.
                        – Seamus
                        Aug 16 at 13:40






                      • 1




                        I'm not sure common knowledge needs any kind of a cite, and if this answer isn't considered common knowledge on law.se, I'm unsure what could be. Of course, people DO regularly win against the government, but they also regularly win the lottery. Research on success rates of cases would be a valuable addition to this answer, though (eg usual federal case success rate is 51%; in employment discrimination cases it's 1%; but what's the success rate for non-class-action cases against the government?).
                        – Dewi Morgan
                        Aug 16 at 19:05










                      • Here is an example of what Seamus is talking about: The Hughes Aircraft Company had a patent dispute with the U.S. federal government that lasted over 35 years. The patent was for spin-stabilization of satellites. A petitioner who was not as rich as Howard Hughes, and not as persistent as Howard Hughes, would probably have given up. As it was, Howard Hughes died long before the federal government agreed to abide by his company's trial victories.
                        – Jasper
                        Aug 20 at 1:07

















                      • This reads as more of an opinion than a relaying of fact. Some citations or examples would go a long way to improve the quality of this answer.
                        – GOATNine
                        Aug 16 at 13:27






                      • 1




                        Good point, but: It is an opinion... my "answer" is an opinion... legal decisions are "opinions". And as a lay person, my only citation is personal experience. I suppose I see the law more as the means to an end in this case, rather than an end in itself. If this doesn't pass muster as a proper answer in this forum, I'll gladly delete it.
                        – Seamus
                        Aug 16 at 13:40






                      • 1




                        I'm not sure common knowledge needs any kind of a cite, and if this answer isn't considered common knowledge on law.se, I'm unsure what could be. Of course, people DO regularly win against the government, but they also regularly win the lottery. Research on success rates of cases would be a valuable addition to this answer, though (eg usual federal case success rate is 51%; in employment discrimination cases it's 1%; but what's the success rate for non-class-action cases against the government?).
                        – Dewi Morgan
                        Aug 16 at 19:05










                      • Here is an example of what Seamus is talking about: The Hughes Aircraft Company had a patent dispute with the U.S. federal government that lasted over 35 years. The patent was for spin-stabilization of satellites. A petitioner who was not as rich as Howard Hughes, and not as persistent as Howard Hughes, would probably have given up. As it was, Howard Hughes died long before the federal government agreed to abide by his company's trial victories.
                        – Jasper
                        Aug 20 at 1:07
















                      This reads as more of an opinion than a relaying of fact. Some citations or examples would go a long way to improve the quality of this answer.
                      – GOATNine
                      Aug 16 at 13:27




                      This reads as more of an opinion than a relaying of fact. Some citations or examples would go a long way to improve the quality of this answer.
                      – GOATNine
                      Aug 16 at 13:27




                      1




                      1




                      Good point, but: It is an opinion... my "answer" is an opinion... legal decisions are "opinions". And as a lay person, my only citation is personal experience. I suppose I see the law more as the means to an end in this case, rather than an end in itself. If this doesn't pass muster as a proper answer in this forum, I'll gladly delete it.
                      – Seamus
                      Aug 16 at 13:40




                      Good point, but: It is an opinion... my "answer" is an opinion... legal decisions are "opinions". And as a lay person, my only citation is personal experience. I suppose I see the law more as the means to an end in this case, rather than an end in itself. If this doesn't pass muster as a proper answer in this forum, I'll gladly delete it.
                      – Seamus
                      Aug 16 at 13:40




                      1




                      1




                      I'm not sure common knowledge needs any kind of a cite, and if this answer isn't considered common knowledge on law.se, I'm unsure what could be. Of course, people DO regularly win against the government, but they also regularly win the lottery. Research on success rates of cases would be a valuable addition to this answer, though (eg usual federal case success rate is 51%; in employment discrimination cases it's 1%; but what's the success rate for non-class-action cases against the government?).
                      – Dewi Morgan
                      Aug 16 at 19:05




                      I'm not sure common knowledge needs any kind of a cite, and if this answer isn't considered common knowledge on law.se, I'm unsure what could be. Of course, people DO regularly win against the government, but they also regularly win the lottery. Research on success rates of cases would be a valuable addition to this answer, though (eg usual federal case success rate is 51%; in employment discrimination cases it's 1%; but what's the success rate for non-class-action cases against the government?).
                      – Dewi Morgan
                      Aug 16 at 19:05












                      Here is an example of what Seamus is talking about: The Hughes Aircraft Company had a patent dispute with the U.S. federal government that lasted over 35 years. The patent was for spin-stabilization of satellites. A petitioner who was not as rich as Howard Hughes, and not as persistent as Howard Hughes, would probably have given up. As it was, Howard Hughes died long before the federal government agreed to abide by his company's trial victories.
                      – Jasper
                      Aug 20 at 1:07





                      Here is an example of what Seamus is talking about: The Hughes Aircraft Company had a patent dispute with the U.S. federal government that lasted over 35 years. The patent was for spin-stabilization of satellites. A petitioner who was not as rich as Howard Hughes, and not as persistent as Howard Hughes, would probably have given up. As it was, Howard Hughes died long before the federal government agreed to abide by his company's trial victories.
                      – Jasper
                      Aug 20 at 1:07






                      protected by feetwet♦ Aug 19 at 2:32



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