Protect my knife Idea / Legal help, please

E

edrozen

Joined
Mar 2, 2000
Messages
365
Hi, all I think I have an outstanding idea on how to build an excellent knife. However, due to the nature of the knife, I think it could only be made by a large company; therefore, I would have to sell my idea if anyone was interested. What is a good way to protect my idea? Could I get a copywrite or something? Or could I just send the idea to my lawyer? (Yes, I realize I could just give him a call, but I wanted to see if someone here could help, and maybe this thread will help others, too) I don't really have the resources to get a patent as you need a prototype. Any help is appreciated.

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EdRozen-On the cutting edge of finding out what the cutting edge is....
 
This sounds like something that Bernard Levine could help you with.

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Dave
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Attention: Some assembly may be required. Batteries not included.
 
You already have a copyright on your designs. All you need to do is assert it. The way you assert it is to take all of your drawings, descriptions, etc., and write "Copyright (c) April 8th, 2000 by Edrozen" on every sheet and then sign your name below that. Of course, use the actual date on which you sign them, and use your legal name.

It wouldn't be a bad idea to get a friend who is somewhat knowledgable about knives (he doesn't have to be an expert, just knowledgeable enough to understand and appreciate what he's looking at) to review the designs and add the notation "Read and understood, April 8th, by Friend" on every sheet and then sign his name below. Again, use the actual date on which he signs and his legal name.

Next, the law will tend to treat your intellectual property in the same way you treat it. If you treat it as worthless doodles, then so will the courts. If you treat it as valuable designs, then so will the courts. So, treat your designs as valuable intellectual property. This means don't show them around to every Tom, Dick, and Harry. Show them only to people who have a reason to see them and then only after those people agree to keep what you show them confidential. Keep a record of who you show them to, what pages you showed that person, the date of the disclosure, why you disclosed to that person on that date, etc. Destroy any documents you're discarding. Keep any you're not in a safe container.

The real legal step is to patent your designs. Even if you don't think that there's a patentable innovation in your designs, you can still get a design patent on the design itself. Talk to a reputable patent attorney. If you already have a patent attorney, then you're all set. If the lawyer you mentioned is a business attorney, probate attorney, divorce attorney, your CDA, whatever, but not a specialist in patents and intellectual property law, then ask your attorney to recommend a good patent attorney in your area for you to handle this aspect of your legal needs.

Good Luck. I hope that at least one or two of your designs involve two handles that counter-rotate around the tang.



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Chuck
Balisongs -- because it don't mean a thing if it ain't got that swing!
http://www.balisongcollector.com
 
Copyright of a PICTURE (or text) is indeed automatic, but that does NOT protect the design or the mechanism -- only the particular image.

A design can be patented, but not if it has been previously published. It has to be NEW. Same priniciple as patenting an invention, only shorter term, and it is MUCH easier to get around a design patent with a few minor cosmetic changes.

You need to see an attorney who specializes in patents. The legal system was designed for the benefit of lawyers, so if you want to share in those benefits, you have to share money with lawyers.

BRL...


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http://pweb.netcom.com/~brlevine/links.htm
 
EdRozen - the only advice I can give you is to talk to a good patent lawyer - and I just happen to have a friend that answers that description - only he is in NY.

As I don't want to put up his email here - I am sending you his email to your email.

 
I don't think you'll be able to sell the idea unless you have some sort of a working prototype to demonstrate that the idea functions. If you're a mechanical engineer you may be able to visualize it well enough, but you still need to make one.

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Totally new website!
http://www.wilkins-knives.com
 
Here in America, you can previously publish designs for a device, and patent it retrospectively. But, you get into sticky situations here. I do not know how, the risks, or how long, merely that you can do it. Not all countries are as liberal with their patent laws. The patent is the valuable part, and the only part you could sell to a company.

Stryver
 
I don't see how you can protect your designs when the manufacturers can't protect themselves from being ripped off. A Design Patent makes a nice wall hanging, but is next to useless. A Utility Patent, is better, but not much. The reason is that many of the companies that manufaturer the Ripoffs don't respect US Patents in the first place. Patent Attorneys will help empty your wallet and little else, for example for a Patent Search they will use a Patent Agent, and charge you as if an Attorney did the work. According to the US Patent office statistics, only 1% of patents every make it to market, real lousy odds.
You actually had a better chance of getting your idea in front of a manufacturer with BF's Talonite Design Contest.
I believe Spydeco is working on one of my design ideas, and I was very happy to receive a Jess Horn C27 for it, from Sal Glesser.

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"Will work 4 Knives!"
Homepage: http://albums.photopoint.com/j/AlbumList?u=254126
 
There is always the "poor man's patent" (or copyright) too. Take your original drawings, date and sign them with any other information you want on them, photocopy them, then seal the originals in an envelope and mail them to yourself. While not 100% foolproof, the resulting postage cancellation stamp will "prove" the date on the designs. Extra steps would be to fill out a affidavit and have it notarized and mail that along with your designs.
 
You can copywrite and get patents until doomsday, but they won't do you any good unless you have the money to protect them.

For example, let's say you do get a patent on your design and someone else desides to actually make and market the knife without compensating you. Do you have $5000 to pay a patent attorney just to look at your case to see if it's worth while? (That's a real life number. I didn't just make it up.)You may be able to get a temporary injunction, but that won't do you much good either.

The other problem is getting anyone's interest. You may find that no matter how good your design may be, you will run into the "not invented here" line of thinking.

Sorry to rain on your parade, but in real life that's the way it is.

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Do not lead me for I will not follow.
Do not follow me for I will not lead.
Do not walk by my side either.
Just leave me the hell alone.
 
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