Legal Definitions - private statute

The term private-use exception refers to specific situations in intellectual property law where certain uses of an invention or copyrighted work are permitted without losing legal protections or infringing on rights.

• In Copyright Law:

  In the context of copyright, a private-use exception is closely related to the concept of fair use. It allows individuals to make limited use of copyrighted material for personal, non-commercial purposes without needing permission from the copyright holder. This exception acknowledges that certain private uses, such as personal study or enjoyment, do not undermine the economic rights of the creator.

  • Example 1 (Copyright): Sarah buys a new e-book. Instead of reading it on her tablet, she uses a software tool to convert the e-book file into a format compatible with her older, preferred e-reader, solely for her personal reading. She does not share the converted file with anyone or distribute it commercially.

    Explanation: Sarah's conversion of the e-book for her own private use on a different device, without commercial intent or public distribution, would likely fall under a private-use exception or fair use. She is not infringing on the copyright holder's rights because her action is for personal convenience and does not compete with the original work's market.

  • Example 2 (Copyright): A university professor records a segment of a news broadcast that discusses a historical event relevant to their course. They show this recording to their students during a lecture for educational purposes only, and then erase it, without making copies for distribution.

    Explanation: While not strictly "private" in the sense of being hidden, this use is limited to a specific educational context and is non-commercial. It aligns with the principles of fair use, which often encompasses private or limited educational use, allowing the professor to utilize copyrighted material for teaching without seeking explicit permission for this specific, non-distributive purpose.

• In Patent Law:

  In patent law, the private-use exception is a crucial allowance that permits an inventor to use their own invention for personal benefit for more than one year before filing a patent application, without losing their right to obtain a patent. Ordinarily, if an invention is used publicly or offered for sale for more than a year before a patent application is filed, the inventor loses their patent rights due to what is called the "public-use statutory bar." The private-use exception carves out an allowance for personal, non-commercial experimentation or use by the inventor. This is sometimes also referred to as a prior-user right.

  • Example 1 (Patent): An inventor, Mark, develops a new type of ergonomic gardening tool. For two years, he uses this tool exclusively in his own backyard garden to test its durability and effectiveness, making minor adjustments based on his personal experience. He does not show it to others, sell it, or offer it for sale during this period.

    Explanation: Mark's use of the gardening tool is for his personal benefit and remains private. Even though he used it for longer than the typical one-year grace period before filing a patent, the private-use exception allows him to still apply for and obtain a patent because his use was not public or commercial, and was primarily for testing and personal enjoyment.

  • Example 2 (Patent): Dr. Chen invents a novel diagnostic device for a rare medical condition. For 18 months, she uses the device solely within her private research lab to test its accuracy on samples she collected, without publishing results, demonstrating it to external parties, or seeking commercial partners.

    Explanation: Dr. Chen's use of her invention within her private lab for research and testing, without any public disclosure or commercial activity, falls under the private-use exception. This allows her to refine her invention over an extended period before filing a patent application, without jeopardizing her future patent rights due to the public-use bar.