OT: The law on copying a knife design?

PZ93C

PZ93C

Joined
May 12, 2003
Messages
413
I've found a great knife design in the Puma White Hunter.

After living with HI, it's on the small side. Only 11" OAL.

Can I have the blade design made larger and thicker? I'm thinking 1/4" spine.

Would I need to change it? A deeper belly, maybe?

Different handle, though.

It's a great, functional design, but, in hand, it feels like a karda.

Would I be violating any patent laws with this custom piece?

TIA,

Brian
 
If Puma had a patented design you would... The knife would bear a U.S. Patent Office # on it if it was. Many bladesmiths copy the models made by others, or make small modifications.
 
If you change anything on the knife that affects its function, then the PTO doesn't consider it patent infringement. That means anything from blade geometry, different OAL lengths, different handle materials, blade materials, etc. So you don't have anything to worry about.
 
I think that as long as you aren't selling the knife, you aren't guilty of patent infringement, even if you copy it exactly.
 
This one?


FetchImage.ashx



Copyrights on knife designs fall under "intellectual property". Easier patent to get, much harder to protect.

Copyrights on the mechanical functions of knives are the ones that get accepted as full patents. Great protection (but $$$)....if you can afford the legal battle. Even if you are making and selling an exact copy, the company likely won't pursue it unless you are actually selling as many (or more) than they are (making you a threat).

So, copy away! :p
 
Locking mechanisms probably are the most likely to be patented. I think Boye Dendritic steel may have a patent(cast steel poured into molds). You could call your knife a Puuma and probably get away with it. A famous gunsmith of the mid 19th century named Deringer made a handy little big bore percussion pistol that was patented. It was widely copied and most legit stealers of his concept just added another 'r' to make it a Derringer.
Yet another useless bit of triva provided that will get me nowhere in life!
 
Copyrights, Trademarks and Patents are "intellectual property" but are very different creatures creatures from each other.

I'm not certain what the exact limits are, but a big thing to think about is will you get sued. It really doesn't matter if, after getting sued you prove that their patent isn't valid or that your design is just different enough. You still have to blow a lot of money on lawyers. If you're doing one, just for yourself, there's likely little risk. It's like mixing up a batch of lemonade and calling it "Coca Cola". Start bottling it and selling it though...
 
The real information is, the ornamental appearance of a knife can be protected by a design patent. The utilitarian design features of a knife (e.g. speed safe) can and are protected by utility patents. Copyright has no place in knife design except perhaps protecting actual drawings of a knife from photocopying.

The law encourages patent owners to "mark" their products with the patent number. It is not required. The only way to know for sure is to check the issued patents.

All that said, I am guessing that the White Hunter design is old enough to no longer be patented, if it ever was.
 
I think the question is "will they bother?" and "what's in it for them?" Do you have a factory and warehouse they can take away from you if damages are proven? Doesn't sound like it. I think you're pretty safe. BTW, make me one, while you're at it.
 
MarkPinTx said:
The real information is, the ornamental appearance of a knife can be protected by a design patent. The utilitarian design features of a knife (e.g. speed safe) can and are protected by utility patents. Copyright has no place in knife design except perhaps protecting actual drawings of a knife from photocopying.

The law encourages patent owners to "mark" their products with the patent number. It is not required. The only way to know for sure is to check the issued patents.

All that said, I am guessing that the White Hunter design is old enough to no longer be patented, if it ever was.
Click to expand...

Yup.

Some design features can be also accorded trademark status because they are so associated with a particular brand in the public's mind. Example: Spyderco Spydie Hole or Buick "portholes."

Trademark (and servicemark) protection is accorded to prevent the public from being misled as to whose product they are buying. It is obtained, in the first instance, by use in the marketplace. (Otherwise, how could the public be confused?)

Patent and Copyright protection is to allow the commercial value of creativity and development efforts to flow to the creator.

China is, of course, the great exception. No law west of the China Sea.

"One of" (which has somehow become "one off") items are rarely a problem -- unless you openly rub it in the face of the trademark/patent/copyright holder. Do that and they must move to protect their right or risk losing it.

Make your dream knife --- and post pics!!!
 
and call it by a different name.

Remember the days when copies were "Xeroxed?" A bunch of corporate lawyers put their kids through college enforcing trademark laws. Same deal with Hershey Bars, at one time they were being identified as a generic name for chocolate bars.

(related aside: What was the name of the dog puppet in the commercial in which N E S T L E S was spelled out?)

Did a search. Dog's name was Farfel. I loved it. Image attached.
 
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