Axis Lock

Sigh. This has to keep coming up.

Short answer: While I don't recall the exact filing date, it was in 1996, which is after 1995, after which the term for utility patents in the United States was extended to 20 years from the original filing date. 1996 + 20 = 2016. With very few exceptions (of which, to the best of all public knowledge, none apply in this case), U.S. patents cannot be extended. Many (non-lawyer) people have been tripped up by the dates of supplementary filings.

Source: I'm finishing up my second year of law school, specializing in international IP law. See disclaimer below.
 
GermanyChris said:
Maybe they'll just trademark it like Emerson did with the wave to extend the patient :rolleyes:
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It doesn't actually work that way. Yes, it gives them a different argument to use in court, and I'm sure they'll use it in intimidation letters, but we saw how that worked for Spyderco and trademarking a hole.
 
Nap said:
It doesn't actually work that way. Yes, it gives them a different argument to use in court, and I'm sure they'll use it in intimidation letters, but we saw how that worked for Spyderco and trademarking a hole.
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It effectively does work that way but it's not supposed to
 
GermanyChris said:
It effectively does work that way but it's not supposed to
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Not in the U.S. (Again, see Spyderco.) Patents are a different story (while still in effect), because of one particular court in East Texas, but a trademark on a thing like this is almost impossible to enforce.
 
Nap said:
It doesn't actually work that way. Yes, it gives them a different argument to use in court, and I'm sure they'll use it in intimidation letters, but we saw how that worked for Spyderco and trademarking a hole.
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Oh, and how did that work for them trademarking a hole?

I haven't seen a huge influx of direct competitors in the USA making knives with the Spydie hole. Have you? (I'm not talking about junk made overseas)

I know Busse Combat goes after manufacturers using their "talon hole" as well.
 
Nap said:
That person was simply wrong, and obviously has no legal training.
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Yup.


The Spydie hole trademark, like the Wave trademark, is like the shape of McDonald's golden arches - they are saying that a particular visual shape used in a certain way is a symbol of their brand. That symbol itself has no utility, which is why Spyderco uses it on fixed blade knives. The WAVE trademark will work the same way - anyone can make a Wave-like opening notch on their knives, but the very specific curvature that Emerson trademarked as a symbol of the Emerson brand cannot be used - regardless of its function. Trademarks are purely aesthetic in what's protected, even if they are being used in conjunction with a utility function.
 
Manek said:
qRaTD1G.jpg
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woah this looks great! one can always dream......
 
No, it's not funny. It's trolling. If you have so much contempt for the discussion, go someplace else.
 
Seriously, go to your currently in production Benchmade knife with an axis lock and enter the reissued patent number into google. You will get to the original patent number. Tell me when that expires.
 
craytab said:
Seriously, go to your currently in production Benchmade knife with an axis lock and enter the reissued patent number into google. You will get to the original patent number. Tell me when that expires.
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I don't have a new production Benchmade in front of me. What is the number you want looked up for you?
 
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