Patented features in custom work

G

gomipile

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Apr 17, 2010
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I've seen a lot of professionally modified waved folders and the like. This got me wondering about the way small custom knife makers typically handle features that large companies have patented.

So, how do you do it? Do you try to stay far away from patented features, or do you do something else?
 
From what I know, there's no "fair use" with patents, meaning you can't even copy them for personal knives, let alone for sale. I don't intentionally use any patented tech, I don't think most other custom makers do either.
 
But, wouldn't that prohibit even the use of springs? I can think of several patented knives which use a simple spring for assisted opening, i.e., the Ken Onion Leek, for example. It's just a simple spring opened assist.

Just a question.

Dave
 
David Stifle said:
But, wouldn't that prohibit even the use of springs? I can think of several patented knives which use a simple spring for assisted opening, i.e., the Ken Onion Leek, for example. It's just a simple spring opened assist.

Just a question.

Dave
Click to expand...

We would need to know what kind of patent is protecting the item, and then, what in particular the patent is protecting.

If it's a "utility" patent it would depend on what feature of the knife is patented. The whole knife is not patented, only the particular feature that is "new", for instance, a locking mechanism.

If it's a "design" patent, it would be the distinctive shape of the Leek that is protected, not the spring.

Springs on slippies for instance, are common knowledge, anyone can use them. If someone develops a new kind of spring or uses it in a different way and the patent examiner finds it to be patentable, then that part of the knife is protected.
 
Hi Frank, it's my understanding that U.S. patent law does not allow one to legally produce a patented item without permission from the patent holder, regardless of intent. Do you know of any case law or written law that allows it? I've not seen any, but I haven't researched it in some time.
 
As long as your not selling it it should be fine. I mean seriously there is no way anybody will find out about it anyway. It's not like you will use your patent infringed knife infront of a patent lawyer/knife knut who is familiar with this particular patent. but if you start selling it then there is a paper trail, and money gets involved...
 
I certainly could be wrong, but for many years it has been my understanding and have reread that the one copy for the owner , built by the owner was legal. Yes I live in Canada but I was sure this was the case in the USA as well.
A bit of an off thing but years ago I had a friend with a vineyard.A machine grape picker was a pretty new thing and very expensive. He did build a copy. I never heard any trouble , problem or giving up of the machine happened.
 
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