I have sat back and read all the "wives tails" about patents and copyrights and am amazed at the amount of misinformation out there regarding thiese topics.:dontknow:
Although not many by some peoples standards. My company owns and holds 6 different patents and copyrights., These are held by us. Us as in NMN Inc holds the certificates on these items. Not by some friend of a brother who once lived next door to my cousin.
Patents and copyrights are two different things totally. A copyright has to do with original works of art. Be them written, photos, music, sculptures, well you get the idea.
It is not to used to protect what are called "useful items" under the law. "Useful items" are basically things used for other than art purposes. A windshield would be a prime example of a "useful item," as it's sole purpose is not in art, but in it's usefulness as a windshield.
The design of an item such as this would be covered under what is called a "design patent" and this type of patent covers the shape and design of "useful items" in this respect.
A patent in regards to an item's function or construction would be a "utility patent." This type of patent has to do with a totally new way to do something, or in your unique way it is made.
There is nothing so world breaking in how these windshields are being made by any of them as all these types of windshields have been tried before over the years by many people before now. Just trying to say "but we are the first one to do it on a Spyder" does not a patent make.
To have a patent issued, it has to be a totally "new to the world "idea, concept or design. None of these have this going for them as they are just things people have done before just not on a Spyder. Maybe they were the first to make one fit a Spyder, but none of these guys hold a live active patent on any of these ideas. If so where is their patent numbers.
If they do please just show us the US patent number and this all becomes a mute issue right here and now. No number, no patent just that simple.
Also one very important thing these cage rattlers are all not saying here.
PATENTS TAKE YEARS TO BE ISSUED! The average time from application to issue in America is
3 TO 5 YEARS!
There is no way any of these new designs from any company would have a patent issued already. I don't care who you are. The wheels of Government turn at one speed, which is
slow for everybody.
A "patent pending" is worth nothing until and unless the actual patent is approved and issued. It would then only have any meaning if a company was infringing on your patent while it was "pending" and would allow you to go back and seek damages from the date of your application. That is if your patent was approved and issued. Nothing more than that.
Just because you have applied and have a "patent pending" is not a guarantee of anything, more or less that anything will be issued at all. It just means you have sent your idea in as of the application date, and are telling the world you may be inline for a possible patent protection on this item as of that date.
Don't get me wrong, it helps your case 100% if you listed the "patent pending" and your item gets approved! As then you can prove you warned everybody you were seeking patent protection as of the date of your application. But "patent pending" does nothing more than that.
Back to patent types. These items would have to be applied for under a "design patent" for their "unique shapes and design." as there is really nothing new to the world as to their construction. This still would require the patent office review these items and deciding if their design and shape were really "new to the world designs" and worthy of patent protection. This is done over a very long and drawn out process, and takes years to finally come to a head issued or not.
So, any of these companies who try to tell you they already have a patent of any kind on a product that they just came out with last month, for a vehicle that has only been around 10 months is... Well let's be kind and say very misinformed on how this all works. So, too is their lawyer if that is what he is telling them to say.
Now they could, and I say
could here very cautiously. Have ether a "provisional patent" applied for (which gives them 12 months to apply for a real patent while still protecting the date of first concept) or a real "patent pending" which would mean their lawyer works at the speed of light.
As even the applications can take months to properly prepare. In ether case, there is nothing more they can do until the government actually makes a ruling, and ether issues or denies their application.
ray:
Anybody saying more than this is just not in the know, or not being 100% truthful. :shocked:
MM
