Date: Sat, 11 Jun 2011 01:00:27 -0500
Reply-To: Tom Hargrave <thargrav@HIWAAY.NET>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Tom Hargrave <thargrav@HIWAAY.NET>
Subject: Re: Copyright Questions: Item in hand,
copy and make similar or same. VLVC
In-Reply-To: <BANLkTimU9ofiKmy3+t=H9XDN_VCXfLL-oA@mail.gmail.com>
Content-Type: text/plain; charset="us-ascii"
Neil,
Patents are an offensive tool - they give the patent owner the leverage he
needs to go after someone who has stolen his design or implementation. A
patent owner is not going to go after someone who copies a tool to
accomplish a task in his garage.
It's my opinion today that most patents are BS (short for Bull S^%$@)
patents. Someone will produce a copy of a established idea then will find a
almost obscure feature of the design to patent. This gives him the right to
apply his patent to his product but in reality it's just for that one
feature.
So, if you are looking at a product that has a patent applied it's always
worth doing a patent search on the patent or patents applied. You may be
surprised at how little of the design they applied to.
For example, the stir plate was patented in 1942 (US Patent 2,350,534) and
this patent has long since expired. But a newer patent exists (US Patent
7075040) for stirring hot plate. But stirring hot plates have been around
for a long time too!
Read the patent and you would believe they have all aspects of a stir plate
covered but then you finally get to the SUMMARY OF THE INVENTION which
states:
"Embodiments of the present invention provide an improved stirring hot plate
that provides an improved visual indicator to the user that the platform is
hot-to-the-touch, and that visual indicator is especially effective when the
stirring hot plate is not in use.
Additional embodiments provide a stirring hot plate which can rapidly brake
the magnets which cause a magnetic stir bar to rotate within a mixture
container."
In other words, the patent is for a "hot plate" indicator light and a motor
that rapidly slows down when you turn the motor off!!!
BTW, this was part of the patent research I did before designing the two
stir plates I sell. And neither stir plate has a BS patent applied.
Thanks, Tom Hargrave
www.stir-plate.com
www.towercooler.com
www.kegkits.com
-----Original Message-----
From: Vanagon Mailing List [mailto:vanagon@gerry.vanagon.com] On Behalf Of
neil n
Sent: Friday, June 10, 2011 11:59 PM
To: vanagon@gerry.vanagon.com
Subject: Copyright Questions: Item in hand, copy and make similar or same.
VLVC
Hi all.
Hypothetically speaking, this would be a "one off" for me to use at
work. Did some patent searching online but didn't get any hits.
If one makes an item, that is the same or very similar in function and
appearance to original design, is this *generally* considered a
copyright infringement?
Item design appears simple and at most I figure $50 in materials.
Likely less as some materials are on hand. Item new is $250.
The VLVC: learning a little more about design and fabrication during
my engine swap has only spurned me on to make this thing!
Neil.
--
Neil Nicholson '81 VanaJetta 2.0 "Jaco"
http://tubaneil.googlepages.com/
http://groups.google.com/group/vanagons-with-vw-inline-4-cylinder-gas-engine
s
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