| patent protection after 20 years? [message #52913] Mon, 20 August 2012 20:47 UTC |
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Much has been said and written about the potential for someone to mis-use a 3d printer...by copying a patented part.
For the sake of discussion, I have an old trolling motor with a broken,and no longer available, plastic part. If that unit was 20 years old, am I correct in assuming that I can now copy the part LEGALLY?
thanks, rich
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| Re: patent protection after 20 years? [message #52915 is a reply to message #52913 ] Mon, 20 August 2012 21:04 UTC |
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1. Depends what territory you are in.
2. Depends what territory and how the original part was registered (if at all)
3. Ask your local IP rights lawyer for the deifinitve answer to your question.
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| Re: patent protection after 20 years? [message #52916 is a reply to message #52913 ] Mon, 20 August 2012 21:18 UTC |
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| richg99 wrote on Mon, 20 August 2012 20:47 |
For the sake of discussion, I have an old trolling motor with a broken,and no longer available, plastic part. If that unit was 20 years old, am I correct in assuming that I can now copy the part LEGALLY?
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What make you think that this part was patented?
In general there are few restrictions on replacement parts for things like cars.
Bill Bedford
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| Re: patent protection after 20 years? [message #52918 is a reply to message #52916 ] Mon, 20 August 2012 21:58 UTC |
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Well, you are correct...I don't know if it was patented.
As it turns out, a company (MinnKota) made up a replacement unit that didn't use the original part exactly at all, but it works. I suspect the second manufacturer (MinnKota) actually made the original part for the short-lived Evinrude trolling motors.
However, if I hadn't come across that replacement setup,..I'd have been out of luck, and would have had to replace the entire unit.....(that was before we even had a chance with 3D to make a one-off part).
thanks for all of your help. regards, rich
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| Re: patent protection after 20 years? [message #52924 is a reply to message #52918 ] Tue, 21 August 2012 02:01 UTC |
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There also is a large difference between replicating such a part for your own usage.. versus trying to sell such parts.
Keep the model private and hidden.. you're likely not to run afoul of the patent trolls.
Patience, Persistance, Politeness - the 3Ps will help us get us to Perfect Printed Products
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| Re: patent protection after 20 years? [message #52925 is a reply to message #52924 ] Tue, 21 August 2012 02:48 UTC |
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Thanks, the problem was solved when I found, and bought, the replacement part from Minnkota. However, I was wondering about the "after twenty year" rule in the US.. If the 20 year rule is valid, then anyone making parts after that time frame should be safe.
regards, Rich
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| Re: patent protection after 20 years? [message #52926 is a reply to message #52925 ] Tue, 21 August 2012 03:44 UTC |
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What you have to be careful about is whether the item is patented or copyrighted. If the item was copyrighted, then it's life of the author plus seventy years.
In general terms, you copyright "ideas" and patent "things", but there is a bit of room for overlap, and it's worth double-checking which one covers a specific item.
Patience, Persistance, Politeness - the 3Ps will help us get us to Perfect Printed Products
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| Re: patent protection after 20 years? [message #52931 is a reply to message #52926 ] Tue, 21 August 2012 08:24 UTC |
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| stonysmith wrote on Tue, 21 August 2012 03:44 |
In general terms, you copyright "ideas" and patent "things", .
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Er no, it's the other way round. Patents cover the ideas such as how to do something, while copyright covers a specific thing like a book.
But copyright does not apply to most physical objects anyway.
Tom
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| Re: patent protection after 20 years? [message #52935 is a reply to message #52931 ] Tue, 21 August 2012 14:23 UTC |
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Don't worry about patents when you are thinking about replacement parts. You've already licensed the patent when you bought the product in the first place; making replacement parts for a product you paid for wouldn't infringe on anyone even if they were patented.
wiwa
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| Re: patent protection after 20 years? [message #52940 is a reply to message #52935 ] Tue, 21 August 2012 16:08 UTC |
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Sounds good. I guess as long as I am making ONE part for my own use,and, as you say, I bought the unit....no harm done.
I wonder, however, how much profit is going to be lost to the manufacturers over the years from lost parts sales??
It may be that they ( the manufacturers) would just as soon be out of the parts business. I'll bet they will be re-producing parts on their own 3D machines in five, ten or even fewer years. Rich
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| Re: patent protection after 20 years? [message #53272 is a reply to message #52913 ] Tue, 28 August 2012 18:13 UTC |
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You can copy anything for personal use regardless of if it's patented or not. You can't copy anything that is patented for commercial use.
Patent law is unbelievably archaic. The language is complex and unless you are a lawyer you will almost certainly misinterpret the meaning of the language. I have a number of patents and the patenting process for each of them was confusing. I would explain things to the patent attorney and then he would write up the legal language. I would read it and could just barely connect what he wrote to what I had disclosed.
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