I am not the most expert person here on this topic here at BF, but I'll take a shot since inventing stuff and writing patents is a big part of what I do. Yes the round whole is protected by law. I'm not sure if it is trademarked or protected by a design patent. I have seen Sal Glesser of Spyderco post the licensing agreement. For a relatively small fee, a single maker can produce knives with the round hole. I don't think other shapes are covered by Spyderco's claims. You should post this question in the Spyderco Forum and benchmades forum. I'm sure someone there, maybe even Sal, will be glad to answer more specifically about the Spyderco round hole. Thumbstuds and wheels are Not protected unless I'm mistaken.
And yes, many the mechanisms, parts, and design of various knives are now or have been protected under patent law. One of the most obvious examples is the McHenry and Williams patent for the Axis lock which is licensed (they pay for the exclusive right to use this mechanism) by Benchmade. Another example is Scott Sawby's patented Self Lock. On the more subtle side, Benchmade has a patent for a refinement of the shape of the junction of the liner and the blade tang in a liner lock that is used on the Mel Pardue BM 850. Although Mel owns some patents, the refinement employed on Benchmade's knife of his design does not belong to Mr. Pardue.
Because of various licensing agreements (business arrangements), the inventor of something and the owner of the rights to something are often very different people or entities.
Patents can be granted for a new concept or mechanism. The examples I gave above are of that sort. But patents can also be issued for the design of objects. These are relatively weak, because they are easy for others to work around. Example: I apply for a design patent for something containing three oblique purple lines for decoration. But someone else decides to make the same item with only two oblique decorative lines. I have no legal rights to sue them and take their profits.
If you are really interested in Patent Law, I suggest reading Patent It Yourself by David Pressman. Also go to the official US Patent and trademark web site at
www.uspto.gov and searchable database at
www.uspto.gov/patft/index.html Lots of good information for you there.
I did a search for 'knife' patents a few months ago. There are not that many new ones currently in force (patents grant a 17 year period for the inventor or licensees to develop and exploit (make money) their invention. The government established this law to Encourage inventions. It establishes a time period during which only the inventor or those whom he designates may enjoy the economic benefit of the invention. After that the idea belongs to all of us. A lot of knife shapes, styles, and mechanisms have been being recycled for centuries. Only the really new, and novel stuff is worth patenting.
Paracelsus, Mystic Shaman of the Terrible Ironic Horde and someone who knows entirely too much about entirely too litte
[This message has been edited by Paracelsus (edited 01-05-2000).]
