How to know if you are infringing on a patent or copyright?

14 March 2017, 22:33

If I were to ask a machinist friend to reproduce a peep sight that has been out of production for years how do we know we are not infringing on a patent or copyright?
I understand one or two would not be a problem but what if I had him make a run of a hundred or two hundred for resale?

14 March 2017, 23:57

dpcd

Depends on if the company that made them is still in business and will they defend the design or any trademarks to it. Patents are searchable at the patent office, but they run out relatively quickly.
If you reproduce an old Lyman sight, for example, then Lyman might issue you a stop work order, after you make them of course. Then you pay them damages if you sold any. The smart way for companies is to let the guy make them and sell them, then their lawyers come in and want money for damages. If they stop you before any are sold, then there aren't any damages.
If not, then you are clear.
I have done exactly what you are describing.

15 March 2017, 00:38

drhall762

quote:
Originally posted by drhall762:
Research the patent. If it has expired then it may be able to be copied. Make sure the company hasn't extended the patent and that the likeness of it is not subject to copyright. That is the issue that GSG ran into with H&K when they made the MP5 clone in .22LR. Lawsuit ended in damages and some modifications to the sights so it no longer infringed.

When in doubt and getting ready to invest a bunch of capital, get a patent attorney to research it.

15 March 2017, 00:51

speerchucker30x378

If the company is still in business, write them and ask for permission to reproduce their sight without their name. Tell them you plan to make 100 of them and you expect your profit per unit to be $20. If they demand royalties tell them you will give them 5% of the profits royalty if they wish. Most likely they will laugh and tell you to have fun. If they want the 5% send them $100 for the first 100 and make the sights. Make sure you keep all of your correspondence with them and the canceled cheque. Do everything in writing. Not phone calls.

When I was a kid. I had the stick. I had the rock. And I had the mud puddle. I am as adept with them today, as I was back then. Lets see today's kids say that about their IPods, IPads and XBoxes in 45 years!
Rod Henrickson

15 March 2017, 02:58

dpcd

What in hell is a cheque? Is that French?

15 March 2017, 03:58

speerchucker30x378

Wikipedia
A cheque (or check in American English) is a document that orders a bank to pay a specific amount of money from a person's account to the person in whose name the cheque has been issued. The person writing the cheque, the drawer, has a transaction banking account (often called a current, cheque, chequing or checking account) where their money is held. The drawer writes the various details including the monetary amount, date, and a payee on the cheque, and signs it, ordering their bank, known as the drawee, to pay that person or company the amount of money stated.

It's not my fault that you guys bastardize the english language Tom. What the hell is a Y'all, yinz, cattywampus or an or-yonder ?

LOL

15 March 2017, 04:42

H47

Redfield???

A good job is sometimes just a series of expertly fixed fark-ups.
Let's see.... is it 20 years experience or is it 1 years experience 20 times?
And I will have you know that I am not an old fart. I am a curmudgeon. A curmudgeon is an old fart with an extensive vocabulary and a really bad attitude.

15 March 2017, 07:35

Toomany Tools

quote:
Originally posted by dpcd:
What in hell is a cheque? Is that French?

Nearly spit red wine all over the room!

A cheque is what you use to pay for your new tyres.

15 March 2017, 08:12

dpcd

Exactly the reaction I was going for. I can see Speer choking on his poutine right now.

15 March 2017, 08:41

speerchucker30x378

quote:
Originally posted by dpcd:
Exactly the reaction I was going for. I can see Speer choking on his poutine right now.

Tisk tisk tisk

This is Alberta Tom, not Quebec ! Cattle country son, steak and potatoes. And if you didn't know. The proper way to serve a steak is to knock off the horns, wipe it's ass, pass a Zippo-Lighter under it and not spilling the customers drink and getting kicked in the head while you're struggling to slide it on the plate !

None of that grenouille snails and kiddie food here!

LOL

15 March 2017, 08:59

Snellstrom

Thanks for all your help and levity.
I can't find any info on this company beyond the 1940's so I'll go out on a limb here and assume I can safely manufacture a batch of them.
Possibly make a few idle changes to throw off the attorneys....

15 March 2017, 17:43

Jim Kobe

Good one, EHHH!

15 March 2017, 19:31

dpcd

On a more serious note, if the company has not existed in any form since the 1940s and is not making any version of that sight, then you are clear to forge ahead.

16 March 2017, 22:12

montea6b

Peep sights have been around since Christ was a Corporal, I can't imagine any current company having an active patent on a particularly unique feature.

17 March 2017, 06:33

sambarman338

quote:
Originally posted by speerchucker30x378:
Wikipedia
A cheque (or check in American English) is a document that orders a bank to pay a specific amount of money from a person's account to the person in whose name the cheque has been issued. The person writing the cheque, the drawer, has a transaction banking account (often called a current, cheque, chequing or checking account) where their money is held. The drawer writes the various details including the monetary amount, date, and a payee on the cheque, and signs it, ordering their bank, known as the drawee, to pay that person or company the amount of money stated.

It's not my fault that you guys bastardize the english language Tom. What the hell is a Y'all, yinz, cattywampus or an or-yonder ?

LOL

+1! I find chequering is sharper and better done than checkering, too.

As to the patents, they generally last 17 to 21 years but can sometimes be extended. If you know a US patent number, Googal has a special aid to find the document: just type the number into their ordinary search engine.

17 March 2017, 06:39

Gatogordo

quote:
The proper way to serve a steak is to knock off the horns, wipe it's ass, pass a Zippo-Lighter under it and not spilling the customers drink and getting kicked in the head while you're struggling to slide it on the plate !

Now there is a man who knows how to cook and eat a good steak!!!

xxxxxxxxxx
When considering US based operations of guides/outfitters, check and see if they are NRA members. If not, why support someone who doesn't support us? Consider spending your money elsewhere.

NEVER, EVER book a hunt with BLAIR WORLDWIDE HUNTING or JEFF BLAIR.

I have come to understand that in hunting, the goal is not the goal but the process.

18 March 2017, 02:59

Dulltool17

quote:
Originally posted by Gatogordo:
quote:
The proper way to serve a steak is to knock off the horns, wipe it's ass, pass a Zippo-Lighter under it and not spilling the customers drink and getting kicked in the head while you're struggling to slide it on the plate !

Now there is a man who knows how to cook and eat a good steak!!!

Imagine how much fun he would have in Texas.

20 March 2017, 23:03

drewhenrytnt

quote:
Originally posted by Dulltool17:
quote:
Originally posted by Gatogordo:
quote:
The proper way to serve a steak is to knock off the horns, wipe it's ass, pass a Zippo-Lighter under it and not spilling the customers drink and getting kicked in the head while you're struggling to slide it on the plate !

Now there is a man who knows how to cook and eat a good steak!!!

Imagine how much fun he would have in Texas.

"Cripple the critter, and run it by the table"

Sorry to get off topic.

Andy B