- Joined
- May 19, 2007
- Messages
- 7,745
This is actually a valid concern that kinda led to my initial question. If his patent got approved, depending on the scope of the patent, it technically mean he’s potentially legally allowed to go after anyone who’s making axis lock with coil spring rather than the omega spring as this seem to be the only (major) modification he made to the lock. In an extreme case, if the scope of the patent includes the lockbar and other parts, does it mean any maker using some form of axis lock will infringe his patent?
Thinking on it further, the only valid part of the patent might be the coil spring, so no, he wouldn't be able to go after any other versions of the axis style system. Also it would only apply to anything developed after his filing, if the maker is already doing something, prior art covers that. I'm not an expert, but having watched the OP vid, and looking at the edge-u-cation page on the spyderco site, it looks enough like a hybid bolt action and ball lock that one or both could be prior art, and that's just from one site worth of research.
I'm not sure of the types of springs used in axis, arc, bolt and ball lock systems, and what parts may or may not be able to be patented, but at this stage it would have to be pretty innovative to gain protection. The construction of the lockbar doesn't matter because it is not intrinsic to the function.
A maker can apply for a patent, and could use that as a legal cudgel, but it wouldn't take long to come to light if someone in the industry started patent trolling. After that its one legal defense fund, and end of story. And in any case that would only matter while the patent was being assessed. If it is not approved, I'm not sure what the status of any lawsuit would be, probably summarily dismissed, but its possible anyone who was sued would have the right to counter-sue if they could prove that there were never reasonable grounds for the initial patent application, as the initial lawsuit would be frivolous. Its a dangerous game to play, so anyone trying it would be hoping that the threat of a suit is enough to keep people away, but it would largely be a paper tiger. Also, stripping a knife to send it to Canada isn't illegal exactly, but....
The CS San Mai is I believe trademark, not patent, so different story. I'm not sure if Benchmade has a trademark on the name axis lock or if its already become a term of art or generisized. A patent's working is not the main thing, it has to be demonstrably different to other products. Patent filings are often vague to prevent competitors from gleaning trade secrets, and keep the patent as wide as possible, but they are also harder to defend. "a system by which the motions of a finger on the screen can be used as an input signal"