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Anyone know about patents?

forgotmyname
forgotmyname Posts: 33,020 Forumite
Part of the Furniture 10,000 Posts Name Dropper
edited 4 May 2013 at 2:50AM in Techie Stuff
Thinking of making a jack for a trailer. I have a feeling that once I make one I could be onto making a few extra to sell on.

Before I decide on the best design to do the job. I am a bit cautious about the design being patented.

I did a quick search and its mainly US patents that appear. And they all seem to be filing patents for stuff thats already out there.

Now I am no spring chicken and when I was at school we had trampolines, They all folded and were wheeled away to save space.

How is it in 2009 - 2011 someone has patented the very same design?
Wheels with 2 positions that enable a trampoline to be moved and the wheels moved to another position for use. So that the wheels didnt need to be removed.

30+ years late i think.

What a minefield.

I had no idea what section to post this in either. I guess its techie? Website links or the name of a US lawyer to sue everyone that says i copied their idea.

Thanks.


OH dear... Someone has just patented the ability to alter the time metadata of a media file based on the timezone. Errr my phones done that for years.

Ahhh no wonder. Its Apple Inc...
Censorship Reigns Supreme in Troll City...

Comments

  • Enterprise_1701C
    Enterprise_1701C Posts: 23,415 Forumite
    Part of the Furniture 10,000 Posts Photogenic Mortgage-free Glee!
    Just one note of caution, from what I recall you can tell NO-ONE the details of your invention previous to patenting it. I believe it can be a minefield and you may need a patent lawyer to deal with it, and it gets rather expensive.
    What is this life if, full of care, we have no time to stand and stare
  • Mr_Toad
    Mr_Toad Posts: 2,462 Forumite
    Seconded. It can make prototyping difficult if you can't make it yourself.

    We used to patent quite a lot of stuff at work but it got so expensive that the view now is that unless they think it'll make an absolute fortune they don't seem to bother.

    I also know a guy who's been a bit of an inventor all his life, he's one of those people who looks at something and can see a way of doing it easier or better. I know he owns several patents but he's never made any real money and they cost him a fortune.
    One by one the penguins are slowly stealing my sanity.
  • cootuk
    cootuk Posts: 878 Forumite
    tbh if you put in for a patent, then there are people out there who will produce almost exactly the same design but circumvent the bit that your patent hinges on. I know companies employ patent experts to troll the databases looking at competitor patents and seeing if there are any holes to be exploited.
    If your idea does work, then you are almost as well selling the design on to a reputable manufacturer/supplier of that sort of item.
  • forgotmyname
    forgotmyname Posts: 33,020 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks for replying.

    I dont want to apply for a patent or anything like that. I just want to make something for my own use, But as i know a few other trailer/caravan users who may say make me one.

    The plan is to make a few and maybe sell a couple to pay for the materials. So all they will cost me is a bit of time.

    The issue is how can i find out if the design has a patent already?

    Except make them and sell them and hope someone with a patent similar doesnt decide to sue me.

    As i mentioned google search seems to find US stuff. But people seem to have patented everything. Even stuff thats already in use.

    I know someone that spent a fortune on a patent also. He had an idea but no knowledge on howto make the thing actually work.

    I may patent a new form of travel though. That gets you from one place to another but its not a car/bike/boat or plane.

    Found a simple jack they seem to sell in the US. But no mention of a patent or even a manufacturers name?


    Something along the lines of an " easy lift jack trailer " Thats what i used to find the picture on google.

    But without the issue of the ground being unsuitable. Too smooth or too soft, And not falling off when you place it under the axle etc.

    Do i just make some and flog them on the quiet? :)
    Censorship Reigns Supreme in Troll City...

  • esuhl
    esuhl Posts: 9,409 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I don't know much about patenting, but as I understand it, there are two different "philosophies" of patent law: first-to-invent and first-to-file.

    In Europe (I think... the UK at least) we go under the "first to invent" principle. So if something is in common use, you can't patent it. In the US, they have a "first to file" system, so if you're the first person to file a particular patent with the relevant authorities, it's yours! A crazy system!

    Oh... and there are different "territories" for patents. I think you can patent just in an individual country, a region such as Europe (see the EPO - the European Patent Office) or the world (see the WIPO - the World Intellectual Property Organization). It costs more to patent in a larger area.

    To see if your concept has been patented, I think you need make an application to the relevant patent authority. There are several stages to an application. One of the first is a search for "prior art", (i.e. has anyone else lodged a similar patent?; is this a novel idea not in common use?, etc.)

    My knowledge of all this is sketchy, and I've probably "mis-remembered" somewhere, but I thought it might help give you a few more search terms for Google!
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    Look at the question the other way round - if you're making a couple of units in your shed for you and a few friends, 1) who's to know and 2) are you worth suing? The chances of being discovered are negligible, the value of suing a guy in his shed pretty minimal. Make your Jack and enjoy it.

    In the USA, the patent system is completely broken. Patents that would be rejected in the UK are like confetti in the USA. Software patents are a total joke when you realise you are ultimately patenting a number (all files are just lumps of binary, really). There are companies in the USA who are known as patent trolls (although they have respectable names) who file stupid patents then know it costs people more to defend in court than to pay a settlement. It is completely, utterly broken in the USA, but luckily we're not there. Make your Jack, enjoy making it, enjoy using it, don't start selling them commercially, forget the idiocy!
  • cootuk
    cootuk Posts: 878 Forumite
    If you sell them and someone is injured due to a design flaw in your item, then you might be held responsible.
  • forgotmyname
    forgotmyname Posts: 33,020 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I always over engineer my diy projects. There will be no issues there.

    Only looking at making a handful so basically i get a couple for free. Not a business venture.

    Might cast or stamp a weight into it though, Good thinking. Make it strong enough for 5000kg then stamp 1000kg into it.

    You wont sue me for using that will you :)
    Censorship Reigns Supreme in Troll City...

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