If it is patented, I think it will be judged as breaking patent-lawsAlthough you're probably essentially right, I think the way you worded your statement misrepresents the purpose of a patent.
Patent's arent about breaking laws. A patent is simply a legal disabling device. All that a patent can do is prevent someone else from making/selling a product that you invented first. It's less about laws and more about being able to prove you were the first to invent the product.
At least, that's how I understand patents to work.
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Tony Fabris