Does US patent 663007 make the use of substance covered by it the property of the people of America? 5 Answers as of March 08, 2013

The 663007 patent is not enforced in anyway. It is actively ignored by law enforcement, congress, senate, white house and supreme court. So, does that make all use of the substance covered by easement of patent, the people of America own it even though it is held by the U.S. Dept of Health and Human Services?

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Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
All valid US Utility Patents have 7 numbers not 6. I dont know what you are referring to. Just be cause it is not enforced does not mean it cant be enforced.
Answer Applies to: Oregon
Replied: 3/8/2013
Eminent IP, P.C.
Eminent IP, P.C. | Paul C. Oestreich
A patent grants the owner the right to exclude others from making, using or selling whatever is covered by the claims in the patent. Of course, the enforceability of any patent is subject to payment of maintenance fees during its patent term. Any patent that has expired for failure to pay a maintenance fee or by virtue of full patent term expiration is dedicated to the public. The government, like any other patent owner, has the same rights to exclude others. The owner of a patent has the right to enforce its patent rights, but there is no obligation to do so. Finally, the covered inventions of government owned patents are not free for use by any American citizen simply by virtue of your having paid taxes if that is your implication. You would be well-advised to seek a license under the patent and it is likely that government held patents may be licensed.
Answer Applies to: Utah
Replied: 3/8/2013
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
I am not sure of exactly what you are asking, but US patent number 663,007 is for an ACETYLENE GAS GENERATOR. The patent issued on December 4, 1900. This patent went into public domain (for the world) over 90 years ago. It is not enforceable against infringers because it is in public domain therefore other can make use and sell without infringement.
Answer Applies to: California
Replied: 3/8/2013
Banner & Witcoff, Ltd. | Ernie Linek
US Utility Patents typically have seven numbers - so "663007" is likely the wrong number. The owner of a US Patent decides if and when to enforce the patent, sometimes often, sometimes never. Patent litigation is expensive. The ownership by the US Dept. of Health and Human Services (HHS) does not alter this reality, there is no dedication to the public unless the owner decides to do that. typically by non-payment of the maintenance fees due at years 4, 8 and 12, calculated from the issue date. If the patent expires due to such non-payment, then the patented invention goes into the public domain, free for all to use.
Answer Applies to: Massachusetts
Replied: 3/8/2013
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