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Source https://www.law.cornell.edu/uscode/text/28/1498 https://www.law.cornell.edu/uscode/text/28/1498 It looks like you would need to have a patent. If you ma

Source https://www.law.cornell.edu/uscode/text/28/1498 https://www.law.cornell.edu/uscode/text/28/1498 It looks like you would need to have a patent. If you manage to create a magic battery and you keep the manufacturing process a trade secret, then you could disallow government use of your work. Is that correct? They'd obviously be able to attempt to reverse-engineer your product, of course. This got me wondering. Could they force someone to provide them with a license due to extreme circumstances? e.g. Time of war, magic battery can help us win.

dragonwriter 9y ago
The point is that even a patent doesn't help; unlike any other patent violation, where courts can issue injunctive relief for a violation, the only remedy allowed for a government violation is a money award for reasonable compensation for the use. > Could they force someone to provide them with a license due to extreme circumstances? Basically, the cited section amounts to a blanket delegation by Congress to the executive branch of the right to use patents without license, with eminent domain-like compensation after the fact for the taking. So there's no need for a particular justification, or a license.
toss1 9y ago
Yes, they can force you to provide your goods to them in any situation they declare urgent/emergency, and at priority over all other customers, even prepaid ones. You will get paid, it's not confiscation, but it is an offer you cannot refuse. I'd be surprised if the situation isn't the same in every other country -- national security/defense takes a very high priority. Moreover, any truly revolutionary technology that could create a significant military advantage will be almost required to be controlled by the mil, lest the adversaries get it. If you don't want to ever be in a situation where you could help the military of your country, you probably need to move to a country without a military. Then worry about other countries deciding to invade for your revolutionary technology.

dragonwriter 9y ago

The point is that even a patent doesn't help; unlike any other patent violation, where courts can issue injunctive relief for a violation, the only remedy allowed for a government violation is a money award for reasonable compensation for the use. > Could they force someone to provide them with a license due to extreme circumstances? Basically, the cited section amounts to a blanket delegation by Congress to the executive branch of the right to use patents without license, with eminent domain-like compensation after the fact for the taking. So there's no need for a particular justification, or a license.

toss1 9y ago

Yes, they can force you to provide your goods to them in any situation they declare urgent/emergency, and at priority over all other customers, even prepaid ones. You will get paid, it's not confiscation, but it is an offer you cannot refuse. I'd be surprised if the situation isn't the same in every other country -- national security/defense takes a very high priority. Moreover, any truly revolutionary technology that could create a significant military advantage will be almost required to be controlled by the mil, lest the adversaries get it. If you don't want to ever be in a situation where you could help the military of your country, you probably need to move to a country without a military. Then worry about other countries deciding to invade for your revolutionary technology.