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Old August 25th 04, 04:51 AM
Dave Platt
 
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In article NuTWc.304708$a24.39955@attbi_s03,
wrote:

For amateurs who make their own antennas a patent does not really
have any powers unless manufacture is a business.


In practice, you're largely correct.

In fact of law (here in the US), a patentholder *does* have the right
to forbid individuals from making and using a copy of the patented
device. You can build one to study it, or figure out improvements, or
figure out an alternative approach which isn't covered by the patent,
but the law says that if you actually make practical use of your
homebrew version of the patented invention, you're infringing.

As you say, this isn't likely to ever be enforced against individual
builders. However, there have been cases in the past where an
individual published plans in a magazine article, and the magazine was
sued or challenged by a patentholder for "contributory infringement"
(i.e. for inciting, encouraging, or enabling private individuals to
infringe on the patent, by building something according to the
published plans).

I've seen situations in the past where patent-holders have offered
individuals a royalty-free license to build a limited number of the
patented inventions, for personal use in a noncommercial context.
Sure seems like good, cheap PR to me!


--
Dave Platt AE6EO
Hosting the Jade Warrior home page:
http://www.radagast.org/jade-warrior
I do _not_ wish to receive unsolicited commercial email, and I will
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