Patents and Tool Age?

R

ritzblitz

Joined
Dec 31, 2006
Messages
293
I was just wondering about this.

If I am right, patents last 17 years and then expire. So, would this mean that a wrench with a patent date of 1890 could have been produced up to 1907? I don't really know if I'm making sense but hopefully someone understands my question.

Thanks guys!

Alex
 
That was how it worked until they recently went to 20 years from the time of application. It doesn't mean that they can't make the wrench anymore, but that the technology of the wrench is open to the public, so others could freely copy it. The whole idea behind the patent office is to spread technology, not to keep it secret. For example, you could read exactly how to produce computer chips should you so desire. It was all proprietary stuff in decades back, but now it's fully explained for those wanting to copy that technology.
 
So is there a way to judge age by patent date?

Like if it is 1890 for example, could that wrench have been made last year?

Thanks again
 
That wrench certainly could have been made last year. You can go to the patent files and blatently copy any patent that has expired.
 
The product will be manufactured as long as it is still being sold. Often the maker changes things a small amount and gets a new patent.Thus you will see many patent dates on some simple items, like a wrench. The last patent date and any style changes will tell you a lot on things like knives and guns, but on a wrench,they may still be using the original dies,so it could be 100 years old,or 10 years old.
Stacy
 
Ok, so the patent date for something that is redesigned often could tell the age in a decent manner?

For instance, on a gun if they changed the hammer they would need to get a new patent correct?

Thanks
 
A question for the crowd:

clearly one can not make AND sell products based on someone else's standing
patent (well, not w/o obtaing perms from the owner, paying fees etc etc).

But can one make such a product for personal use ? What law specifically governs this ?
 
There is no legal problem with making anything (as long as it is a legal product) yourself....as long as it is for your OWN personal use.
You can't sell it, give it as a gift, or dispose of it any way other than physical destruction without violating patent rights.
In the same manner, you can't have someone else make it for you. (since it would not be for their use)
The other thing is copyright. You can legally make a perfect copy of a Ken Onion Leek. But, even if it is for your own use ,you can't put his logo or name on it and you can't call it a Leek.
Stacy
 
also a reason behind the patens that most people do not think about, is that by not allowing anyone else ot make it the others will make new products and advance new technologies.

-matt
 
Be sure when trying to trademark or patent anything you do your homework and research as much as possible. I learned the hard way and got f**ked.
Scott
 
Keep in mind, there are lawyers who make big dollars doing nothing but chasing down patent/copyright infringement. This is not necessarily a bad thing.

Can you find out the company that made the wrench you're talking about? That might be a quicker way to date the item. (Company ABC was in business from 19xx-19xy, made such a wrench in years 19xa-19xb, etc.) I doubt the patent number will tell you much more than the maximum possible age of the piece. If you think this is a non-answer, you should watch a couple guitar dealers arguing over the serial or patent number on a volume pot to determine if an axe has been restored... it's a hoot but not if you're the one trying to decide whether the guitar is worth $500 or $10,000.
 
I was just using the wrench as an example representing most tools and such.

Thanks for the help guys.
 
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