Pattends advice and explenation

marthinus

marthinus

Joined
Dec 10, 2006
Messages
5,951
Hi everyone.

When one comes to intelectual rights I understand the need for pattends and fully agree with it. but i cant remember if it is permanent or only for a specific time period?

My question is regarding the wave feature of Mr. Emerson. Can another maker use the wave when he gives full credit of the idea to Mr. Emerson and does not at all say it was his idea and merely adopted it to his knives or is this illegal?

thanks in advance for any help with understanding pattends (ps.i am posting this with my cell and cannot check in very often)
 
ah I see well as I recall there is a set period of ten years that the patent holds for, and the patenter must alter, improve or somehow change the device, and to secure another 10 years.
if you are considering making one for yourself I dont think it will be a problem at all, however if you make and sell them that is probably going to be an issue
 
I found some interesting facts about patents but it as far as I could gather it is only applicable to the government that grants them i.e the USA in this case. anyone that can clarify this?
 
There is no "worldwide" patent. So a patent granted in one nation provides no coverage in another nation.

There has been some discussion concerning "worldwide" patents, but there are some rather large differences in how patents are granted amongst the nations. "First to invent" versus "first to file" are examples of commonly found differences.

If no patent has been granted in your nation for a "invention", you can make it. What you cannot do is sell the product in a nation wherein patent protection has been granted to another.
 
patents also really only come down to if the original patent holder choose to file a lawsuit - and if he can then prove that what is being done is not specificaly different....for example a finger trigger (like on the kershaw leek) would render a speed-safe / thumb stud useless - patent wise....despite the exact same "torsion/spring bar".

what matters is the wording of the patent....a good lawyer should be able to decribe the wave system in such a way that it prevent another from copying it....that being said there is always a better lawyer who can argue the opposite.
 
he can license it out to different makers. i think cold steel has "wave like" openers. they achieve the same outcome but through different means. you could skirt having to pay emerson. but it is pretty distasteful.
 
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