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View Full Version : I guess I should be flattered



harry strasil
11-15-2009, 12:05 PM
There is an old saying that goes something like, Duplication is the highest form of flattery.

http://img.photobucket.com/albums/v81/irnsrgn/wood/dupes.jpg

http://www.rockler.com/gallery.cfm?Offerings_ID=21731&TabSelect=Details

http://www.rockler.com/gallery.cfm?Offerings_ID=19457&TabSelect=Details

http://www.rockler.com/gallery.cfm?Offerings_ID=21496&TabSelect=Details

and now in the blacksmithing dept.

http://img.photobucket.com/albums/v81/irnsrgn/smithing/pinhorns02.jpg

http://www.blacksmithsdepot.com/Templates/cart_templates/cart-detail.php?theLocation=/Resources/Products/Anvil_Tools_and_Swages/Anvil_Block_-_OC_Bending_Fork&PHPSESSID=08248a821e3052db46aec84c79608ade

Jack Camillo
11-15-2009, 12:58 PM
"immitation..."

Darrell Bottoms
11-15-2009, 2:42 PM
Looks like they took a bite of a very smart cookie!

You should really consider getting a patent on your creation's:D

harry strasil
11-15-2009, 2:47 PM
don't have the 10 grand for the patent, or enough $$'s to fight the imitators, I have lots of things that could be patented, but why fight the big boys or crooked lawyers, I am just happy with things that I make that make my life easier in old age.
Necessity is the mother of invention.

Tom Walz
11-16-2009, 11:52 AM
Paul Akers at Fastcap is always looking for new inventions. He does all the work and pays a royalty.

Tom

Dave Lehnert
11-16-2009, 4:08 PM
Rocklers are round and yours is square. Call yours "Bench Sliders" after the square hamburgers.

David Perata
11-16-2009, 4:48 PM
I'll tell you this. . . A word to the wise, as they say.

I had an idea for a woodworking invention that I made. I wrote Rockler about it and some months later they got back to me, had me sign a release and then looked over my plans. Ultimately they did not take it, but they do look at these things. You don't need to patent it. Just send them an email telling a vague description of what you have and what it is dersigned to do for the woodworker to save time and/or money. They might contact you. Good luck!

Chris Tsutsui
11-16-2009, 5:23 PM
Harry, Now you get 100% of the credit because instead of me copying Rockler's versions, I'm going to copy your versions. :)

Josiah Bartlett
11-16-2009, 5:58 PM
(Disclaimer: I am not a lawyer and am not trying to act like one. Seek legal counsel for patent advice)

I have a couple of patent applications going related to my inventions in the electronics industry. It can be messy, but one of the things I had to be very careful about is that public announcement before applying for a patent prevents the patent in many countries. If you want to share the design with anyone, you have to get a nondisclosure agreement in writing and be very careful about the context of how you are discussing the idea.

A patent has to be novel, non-obvious, and useful to be considered. Then, once you apply you are responsible for enforcement. If you fail to attempt to enforce a patent then any future infringements are generally difficult to win against.

Society has gotten lots of advancement from either ideas that are patented and those that are not. If you invented something that helps others and did not patent, rest assured that those of us who are using your idea appreciate what you did.

Eric DeSilva
11-16-2009, 6:10 PM
and now in the blacksmithing dept.

http://img.photobucket.com/albums/v81/irnsrgn/smithing/pinhorns02.jpg



Dang. I need one of those. Harry, in the interest of spreading the wealth, if you wanna make me one, I'll pay ya what Blacksmith Depot charges.

Matthew Hills
11-16-2009, 6:19 PM
A patent has to be novel, non-obvious, and useful to be considered. Then, once you apply you are responsible for enforcement. If you fail to attempt to enforce a patent then any future infringements are generally difficult to win against.

Correction: A patent is supposed to be....

(My field is medical devices, and one of my peeves is the proliferation of filings for "inventions" that are either prior-art or obvious applications of a technology -- I like to call them the "invention of automobile for the purpose of driving to the beach" filings)

And, I have to say -- I am in great debt to all of the clever guys out there who figure out woodworking techniques and share them freely on these forums!

Matt

William Falberg
11-16-2009, 7:22 PM
Eric hit the nail on the head:
"Dang. I need one of those. Harry, in the interest of spreading the wealth, if you wanna make me one, I'll pay ya what Blacksmith Depot charges."
Harry can't make it for that price because he hasn't the market or the economy of scale to produce them cheaply. The USPTO rules have become so arcane you have to pay a patent attorney to "lawyer talk" with the Patent Office now; and their fees push the "Return On Investment/Break Even point" back so far it's impossible to generate start-up capital. The same applies to the big Tool Corps. If they had to pay attorney fees AND licensing fees they wouldn't (and won't) "get involved". Harry's absolutely right, in my opinion; life's too short! It's ironic that the one function the government created USPTO for: the stimulation of innovation (by rewarding inventors) to enhance our competitive edge in world trade; is being twarted by USPTO. That's our Government in action again. Don't blame the corporations, don't even blame the patent attornies; it's the bureaucrats in DC who've never invented anything that brought this situation about. They make the rules. They're bending to the demands of big corporate lobbies at this very moment in DC under the guise of some "Patent Refom Act". It's really patent DEFORM. Nobody knows nor cares; therefore it isn't likely to change anytime soon. Inventors DO have several options however, and one of them is to take their secrets to the grave with them. It always was, and still is, a jungle out there except now we have the USPTO teaming up with the Tyrannasauruses to keep us hiding in the bushes. All this is not to say an inventor can't successfully pursue his invention. He can; but the rules have changed and the new rulebook got lost in the US Mail.

Bruce Wrenn
11-16-2009, 9:48 PM
Harry, I hear you loud and clear. I have had several tips published in the magazines. Three years ago, ShopNotes published my tip about using a Wixey to set miter gauge. It must have been good, as another magazine just published the exact same tip, just I didn't get the check. I sent one to Woodsmith about coloring plug on polarized plugs and putting a matching paint on the receptical. No eye strain figuring which way to place plug in recpt. Within six months after publication, three other magazines showed exact same tip. I sent a proposal to Wood on jointing wide boards on a 6" jointer. Less than two weeks later, FWW comes out with an article, using my method.

Alan Schaffter
11-16-2009, 11:22 PM
There sure are a lot of duplicate shop tips out there!

With the proliferation of WW magazines and all of them paying for tips and publishing them in magazines and on their websites, it is almost guaranteed the same tip or one similar to it will eventually show up in more than one magazine. Most, if not all, magazines will not publish a tip if it has already been published- the contracts they require you to sign requires you to certify that you have not sold nor had the your tip published before. Sometimes people will think they have come up with a good tip, without realizing they actually saw it in a magazine.

Often manufacturers won't even talk to you if you haven't done anything in regards to patenting your invention. I spoken to reps from a number of them (LV, WP, etc.) who said they all get flooded with "invention" and product proposals. Just like the tips there are a lot of duplicates out there and manufacturers don't have the time nor money to check to see if your proposal is patentable (even if it is, they may not want to devote the $ to patenting it.) If you have an idea, do you own informal or formal patent search. Spend some time on the internet or hire a patent attornety to see if there is anything similar out there, chances are there is, patented or not- once an idea becomes known or as the USPTO says it is "in the public domain" you can't patent it, even if no one else has. As other have said the patent process is broken. Right now it can take 3 or more years before a Utility Patent issues.

Though it doesn't provide a lot of protection and it doesn't guarantee that a full utility patent will ever issue, one inexpensive thing you can do to help market your idea is to file a "Provisional Patent Application." It establishes a time stamp in case someone has been developing a similar device at the same time, plus it demonstrates to a potential buyer that you are serious. It only lasts a year and can not be renewed but only costs slightly over $100 vs a Utility Patent Application which can cost $10K, $20K- on up, when all is said and done, with no guarantee a patent will issue!

Alan Schaffter
11-16-2009, 11:24 PM
Harry, I hear you loud and clear. I have had several tips published in the magazines. Three years ago, ShopNotes published my tip about using a Wixey to set miter gauge. It must have been good, as another magazine just published the exact same tip, just I didn't get the check. I sent one to Woodsmith about coloring plug on polarized plugs and putting a matching paint on the receptical. No eye strain figuring which way to place plug in recpt. Within six months after publication, three other magazines showed exact same tip. I sent a proposal to Wood on jointing wide boards on a 6" jointer. Less than two weeks later, FWW comes out with an article, using my method.

Bruce, I think a lot of guys came up with that use and others for that little Wixey gauge- drill press, hanging pictures, etc. One application I devised I just saw someone trying to sell- adding a bracket to the blade angle pointer of a tablesaw. Set your blade to vertical using the Wixey, then put the Wixey down on the bracket, and zeroize it. Once calibrated you just crank the blade to the desired angle using the Wixey readout instead of the pointer and scale marks.