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Old January 5th 05, 08:12 PM
Gene Fuller
 
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Dave,

With reference to your last sentence:

Did you see anything in the findings which absolves anyone from
infringement (willful or otherwise) if one reproduces a patented
invention for personal use and *does* make a good-faith effort to
change it to avoid patent infringement?

I found nothing that says infringement itself is somehow canceled. Only
"willful" infringement is negated. Otherwise virtually all patents would
be useless. One could always claim some good-faith attempt to change the
patented item.

Again, in practical terms for an individual radio amateur it is unlikely
that there will be any *legal* consequence from making a single copy of
a patented item for personal use. However, it is still an infringement.
The morality is up to the individual.

73,
Gene
W4SZ

Dave Platt wrote:

As I read the findings, they seem to state that one cannot be held
culpable of "willful infringement" of a patent if one builds a version
of the patented invention *and* makes a good-faith effort to modify it
so that it does not actually infringe on the patent claims. If the
changes aren't actually sufficient to avoid infringement, the fact
that you *tried* to avoid this is enough to keep your infringment from
being "willful".

I didn't see anything in the findings which absolves anyone from
infringement (willful or otherwise) if one reproduces a patented
invention for personal use and does *not* make a good-faith effort to
change it to avoid patent infringement.