StephenC

If you wanted to remanufacture something that you use regularly but costs a fortune and you know you could make it alot cheaper where do you stand? I have the data sheet for the product and it has no mention of a patent or such like. Ive done a quick search on the UK Intellectual Property Office site and nothing stands out. I would want to sell said product and I would imagine the original manufacturer wouldnt be too happy so where do you stand legally??

DanW@FastFord

iTrader: (1)

One option would be to put in for a patent yourself, you may find that it hasn't got one, and you can legally copy it.

Kinda depends on what the item is, and the size of the company who make them. If it's a big business, I'd steer clear as they're likely to protect their asset legally.

cjwood555

The patent searches and notices would give opportunity for the existing manufacturer / designer to gazzump you and get a patent in themselves, though. So don't apply for a patent on someone elses product!

What do you mean by datasheet? There is nothing wrong with creating a product of identical functionality that happens to look pretty similar, but using their drawings, regardless of patents, constitutes theft of intellectual property and a breach of copyright.

As Dan says, the bigger the business, the harder you should think.

HTH,
Chris

Dr. Blofeld

Who is going to know if it is for your own use? It's a different thing if you are going to market it.
I don't see a problem with it.

Edit: Scratch that, I've just read your post again properly.

nick-21

Its a very strange process. One of the guys at work (i work at an marine engineering/structures consultancy) designed a leg for a droped object protection frame, my boss then desided to get a patent on it and it tured out someone had already designed the same thing and already had a patent in place, all it took was for us the specify the exact use for the leg and show it was designed for a different application to the one already patented and we know have a patent for our leg.

If i was you i would start the application process for the patent if your that sure, worst that happens is there is one already and you cant get round it, if you can afford it go for it.

Edit: scrap that about going for it if the original manufacture would be contacted to step in first, didn't know that was the case.

StephenC

when I say datasheet I mean the manual that comes with it and lists all the conformity and approval etc. The manufacturer is very big but this product doesnt sell well as its very expensive for what it is, circa £400-£600 when I could definately manufacture it for £100. I know of at least 50 people that would buy one straight away at that price and probably buy more than one. I wouldnt copy their drawings as theres ways that the product needs to be improved anyway, its just the principle that would be the same. In what ways could they legally protect their asset?

oohogwash1

I have around 20 patent applications from previous employer, i found google patents was a good place to search.
Patent applications tend to be a long process and no guarantee that it wont be contested

I would suggest you think of some innovation to make the product better. And get it reviewed... be creative and extend don't copy
I know that one way to then protect yourself is to mail the idea to yourself and do not open the letter when you get it... keep of copy of the contents for reference
This is proof of the time the idea was developed.

Char1ie

iTrader: (6)

Forget about a patent. If you copy something and make money from it, and the original owner of the design can prove that you copied it, and you made enough money from it to warrant legal action then you should expect that legal action.

The things that will make legal action less likely:

1. you don't make much money
2. The design is substantially different
3. The thing you are copying has already been copied or the thing is very old.

What's the thing you want to copy?

Media Law by Geoffery Robertson - very useful Copyright law section.


Charlie

StephenC

Just used google patents and found one that pretty much describes the existing technology. So my understanding is that using the same principles of operation but a completely different design would be okay?

cjwood555

Depends what the patent covers - they can cover general operation and/or very specific details.

Char1ie

iTrader: (6)

You need to be clear about the terms of the patent, what the patent covers, how long for, etc etc.

Also you should be thinking about income and revenue. If this is going to make you a multi-millionaire then any infringement, no matter how slight, could bring a lawsuit. If you're going to make a few grand, then don't worry about it.

Charlie

tabetha

Having looked into this previously the product you make has to satisfy the 10% rule, so if it is 10% at least different it is in legal terms a different product, a simple colour change has always been accepted as meeting the 10% rule, IF the original maker uses a set colour that people recognise as that maker.
tabetha

StephenC

thats intresting, this product is always orange! so if I change the layout/size and colour that must easy be above 10%

focusv8

It's £400- £600, partly due to the cost of getting conformity and approvals, which you will have to do on your version as it will be different, and partly to recoupe all the development costs, which you won't have.

.

StephenC

focusv8, im not saying it isnt worth £400, its priceless in our line of work and makes things so much easier. Trouble is that most people share one as they cant justify paying that much, if they were around the £100 mark then I know people would have them.