If BM had a patent, which I'm betting they don't. The "Spike" is just a shape, not a mechanism or idea that can be described in pattent terms. Yeah, Spyderco has patented the S-curve on the Civilian (I understand) and Cold Steel has somehow patented the "Nogales Clip Point" (though it's a shape several centuries old), but in general folks can't or don't apply patents to knife designs unless it's for some new lock or clip or something.
What rip-offs fail to respect is intellectual property. Things don't need a patent to be intellectual property, but that's virtually impossible (and unprofitable) to defend. The best defense is what we can do as buyers - don't buy rip-offs!!!
Incidentally, I just noticed a new S&W automatic knife that's a clear rip-off of the Benchmade Pardue 3500. What a shame! The worst thing is when legitimate companies produce quality knives but cannot apparently produce quality designs of their own. I held the S&W line in very high regard as low- to mid-priced, solid, reliable knives (folders, fixed blades, and autos). They have been sorely tarnished in my eyes by the addition of this imposter to their line.
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-Corduroy
(Why else would a bear want a pocket?)