Ebay kit while retaining a/c?
TECH Enthusiast
Joined: Aug 2006
Posts: 502
Likes: 1
STS proves my point.
How can they hold a patent on a rearmount when they didn't invent the rearmounted turbo system?
Answer, they introduced one for a specific vehicle that had not existed before. An improvement upon an existing design. Patent.
The key words are (repeat after me) "improvement to an existing design".
One thing to remember about patents though, they don't necessarily mean you own the rights to the design. Especially if someone else can prove that you didn't invent whatever your patent is for.
I'm willing to bet Corky Bell could easily poke holes in any patent infringment case STS would file against him if he started selling rearmounts. I mean, kind of hard to dispute a book with pictures of rearmounts he built for sale in it with a copyright dated long before STS introduced their first kit.
But, then we get into reverse engineering and well, sort of blows patents out of the water with the whole "can't patent something someone would have figured out eventually".
Either way, patent. Whether or not you will win in an infringement case, patent anyway.
STS proves my point.
How can they hold a patent on a rearmount when they didn't invent the rearmounted turbo system?
Answer, they introduced one for a specific vehicle that had not existed before. An improvement upon an existing design. Patent.
The key words are (repeat after me) "improvement to an existing design".
The key words are (repeat after me) "improvement to an existing design".
One thing to remember about patents though, they don't necessarily mean you own the rights to the design. Especially if someone else can prove that you didn't invent whatever your patent is for. I'm willing to bet Corky Bell could easily poke holes in any patent infringment case STS would file against him if he started selling rearmounts. I mean, kind of hard to dispute a book with pictures of rearmounts he built for sale in it with a copyright dated long before STS introduced their first kit.
Either way, patent. Whether or not you will win in an infringement case, patent anyway.
Much?? How did "does this work with A/C" turn into they should have patented it?Anyway like I said about 2 days ago and Josh also said it was posted and its off the old phamspeed kit and it does work with the A/C, and goes under the k-member for charge pipe and downpipe (although if you do the alt. relocation mod, the d/p can go through there)
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TECH Enthusiast
Joined: Aug 2006
Posts: 502
Likes: 1
Do you deal with patents much? I work for a large medical company, and often need to sift thru patents in order get around claims. Nothing patentable about bends, material, Diameter, Finish IMO.
Not quite. If Corky Bell has pictures showing a rearmount design, then he could invalidate that patent.
I really need to see the patent to view the independent claims. Anything that is public knowledge can not be patented after the fact.
Have you read the claims? How many independent and dependent claims are there?
Anything that is public knowledge can not be patented after the fact. Corky Bell should challenge the rearmount patent if the pictures clearly show what is in the independent claims.
Patents are expensive, and nowadays, getting patents are more difficult. I have seen lots of claims get rejected. They are not as easy as you may think. It also takes around 2-3 years from the submission date.
Not quite. If Corky Bell has pictures showing a rearmount design, then he could invalidate that patent.
I really need to see the patent to view the independent claims. Anything that is public knowledge can not be patented after the fact.
Have you read the claims? How many independent and dependent claims are there?
Anything that is public knowledge can not be patented after the fact. Corky Bell should challenge the rearmount patent if the pictures clearly show what is in the independent claims.
Patents are expensive, and nowadays, getting patents are more difficult. I have seen lots of claims get rejected. They are not as easy as you may think. It also takes around 2-3 years from the submission date.
So, we both agree that neither one of us is a patent attorney, work for the USPTO and opinions are like a$$holes, everyone has one?
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