Let’s say I actually do invent a 1920’s style death ray. I patent it. I then am sent to prison for using said death ray. Is my patent on it still good, or would the law about not profiting from my crimes go into effect, so that I wouldn’t recieve any money or credit for my invention?
I just read last week in a “patent it yourself” book that anyone can apply for and be given a patent. The book specifically mentions that incarcerated people can indeed get patents.
I don’t see how performing a crime with the patented item would prevent you from selling the rights to the patent or licensing it to another individual. Patenting the item wasn’t illegal.
Sequence of events:
- Invent 1920s-Style Death Ray
- Obtain patent
- Use invention to commit crime
- Go to prison
- Profit from invention
You are not profiting from your crime, you are profiting from your invention. Your crime was using the 1920s-Style Death Ray.
Remember, 1920s-Style Death Rays don’t kill people, mad inventors kill people.
I suppose that your 1920s style death ray would have to pass certain federal regulations before it’s allowed to be sold over-the-counter, which could take years. Of course, now with the Patriot Act, I’m assuming that they’d just haul your ass down to Guantanamo, unless you offered to help them mass-produce it and upgrade…say to a 1930s style death ray…