Patent Infringement on new CLIP technology

Just a quick question. I'm not really sure how patents work, but after seeing Carbon3D's CLIP derivative off of SLA printing, I've been looking into trying to replicate what they're doing and maybe starting an open source project around it. I'm not sure if using the same sort of CLIP and oxygen permeable glass panel they're using would count as patent infringement. This article (http://www.printing3dtoday.com/news/2015/04/27/009087/patents-drive-innovation-says-carbon3d-ceo-joseph-desimone) quotes the CEO of Carbon3D for saying "Patents drive innovation" so unless I'm not understanding it right, as long as I'm not trying to make any money, then creating an open source printer that using a similar technique to their CLIP printing would be totally fine. Please tell me if I'm wrong or missing something or if it would be okay for me to go along with my idea.

Thanks.

As long as you do not sell or profit in any way from it you won't be breaking any rules. The minute you receive a penny from it, you better have a nice lawyer and plenty of money.

Patens squash competition. As far as driving innovation... Perhaps if you count everyone taking a patent, tweaking the design and repatenting it as innovation. Especially low are the companies that patent the designs of open source enthusiasts

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ggherbaz
As long as you do not sell or profit in any way from it you won't be breaking any rules. The minute you receive a penny from it, you better have a nice lawyer and plenty of money.

Under US law the use of patented IP even for personal use is not allowed without permission of the patent holder.

ON EDIT:
From the USPTO, emphasis mine

[www.uspto.gov]

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The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO

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Edited 1 time(s). Last edit at 06/13/2015 11:20PM by vegasloki.

With that wording it seems designing a new version is not forbidden nor protected, only the making is.

Whether you build your design or not, tell no one and you might be safe.

On the other hand, making your design public seems, again, not being restricted by the law.

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misan
On the other hand, making your design public seems, again, not being restricted by the law.

If your design is functionally identical to the patent, making "your" design public isn't illegal, however if it was implemented or you made claim that it was your invention could open yourself up to liability to patent infringement. However if you took their patent and improved upon it, making it different, then that is the way the system is suppose to work. You would just cite it as prior art and how you differentiate in it.

For example, I was reading the patent yesterday and one of the claims was:

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3. The method of claim 2, wherein said optically transparent member is comprised of a semipermeable fluoropolymer, a rigid gas-permeable polymer, porous glass, or a combination thereof.

Say in your research that you find that if a piece of normal soda lime glass (non porous) with a sheet of kapton tape (not a rigid gas-permeable polymer or semipermeable fluoropolymer) created a similar "dead zone" that prevented polymerization immediately adjacent to the kapton tape. Since the CLIP patent specifically states that some type of an optically clear substance that has some degree of gas permeability is required, and you discovered a way that didn't require gas permeability, you could file a patent as a substitution invention, you're substituting your material for theirs.

Or, since the patent stipulates that "The method of any preceding claim, wherein the build surface is substantially fixed or stationary" if your design oscillates say to facilitate mixing of resin then it would again be different since the CLIP patent says that it should be substantially fixed or stationary.