

| Subject: | Re: Copyright Questions: Item in hand, copy and make similar or same. VLVC |
| From: | neil n |
| Date: | Fri, 10 Jun 2011 23:41:43 -0700 |
Hey Tom. Great insights. You've obviously BTDT. yah in my case, it would basically be a "no harm no foul" at some level. I just wanna save a buck. I may not even need the thing. (support for my bass trombone says he with a sometimes painful elbow and hand). We'll see. Given my business, I'm just sensitive to the issue of "stealing" someone else's work w/o permission so...... Neil. On Fri, Jun 10, 2011 at 11:00 PM, Tom Hargrave <thargrav@hiwaay.net> wrote: > 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 > ----- > No virus found in this message. > Checked by AVG - www.avg.com > Version: 10.0.1382 / Virus Database: 1513/3693 - Release Date: 06/10/11 > > -- Neil Nicholson '81 VanaJetta 2.0 "Jaco" http://tubaneil.googlepages.com/ http://groups.google.com/group/vanagons-with-vw-inline-4-cylinder-gas-engines
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