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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order

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Wow, getting threatened with patent infringment? and being threatened with harm.
    #12821432 -

so, a few weeks back, i saw some hippies with an interesting new invention, a nifty glow in the dark board you could write on with flashlights and lasers. i asked how they made it but they didnt tell me anything, just that it was some mineral coating.

so, being all ready in the laser business i developed one of these boards myself, with no design input from them, and started marketing them with my lasers.

im sure that I used a different process to manufacture them, with completely different materials.

now, i found out that these other hippies either filed for a patent, or have one on their product. I found this out, because they ran into my girlfriend at an event, and let her know that they were 'finding old school ways of dealing with me, and "its not hard to find where someone lives"'

so, i have 2 issues here, and ill ask for advice on the patent one here.

If these people do legitimately hold a patent (they may only have one pending) and i have a similar product. but my product is made and manufactured of different materials. And my product was engineered of my own ingenuity. Is it possible that I am infringing on their patent?


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PEACE

:mushroom2:zippoz:mushroom2:



"in times of widespread chaos and confusion, it has been the duty of more advanced human beings - artists, scientists, clowns, and philosophers - to create order. In such times as ours however, when there is too much order, too much m management, too much programming and control, it becomes the duty of superior men and women and women to fling their favorite monkey wrenches into the machinery. To relieve the repression of the human spirit, they must sow doubt and disruption"

"People do it every day, they talk to themselves ... they see themselves as they'd like to be, they don't have the courage you have, to just run with it."

Edited by ZippoZ (06/29/10 01:34 AM)

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Re: Wow, getting threatened with patent infringment? and being threatened with harm. [Re: ZippoZ]
    #12821643 -

I highly doubt it. If you take an idea from someone else and change something like 20% then it is no longer under there pantent. Means if they used some type of metallic paint and you used lasers and say LCD technology to get the same effect then your device would definitely not be patent infringement. My suggestion would be to see if you can find a patent or pending patent for your device then maybe patent yours while your at it.


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First grow
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Re: Wow, getting threatened with patent infringment? and being threatened with harm. [Re: ZippoZ]
    #12821664 -

You should be fine, unless they beat the shit out of you. Chances are they don't have a patent, even if they do, it's probably for a different process and end product. If you want to really be careful, file a patent yourself.

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Re: Wow, getting threatened with patent infringment? and being threatened with harm. [Re: The White Rabbit]
    #12821902 -

Can't you patent a product concept though? For instance patenting the concept of sneakers that bark like a dog with each footstep, regardless how this comes about?


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Omnicyclion.org
personal empowerment for the world

:nyan: LGBT - Love God Before Tradition :nyan:

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Re: Wow, getting threatened with patent infringment? and being threatened with harm. [Re: Asante]
    #12821921 -

Only if the person patenting them is so completely thorough as to patent all and every possible configuration.

Here is a partial quote from US Patent web site.

Designs are considered distinct if they have different shapes and appearances even though they are related articles. For example, two vases having different surface ornamentation creating distinct appearances must be claimed in separate applications. However, modified forms, or embodiments of a single design concept may be filed in one application. For example, vases with only minimal configuration differences may be considered a single design concept and both embodiments may be included in a single application.

Here is the web site if you want to check and see if there has been a patent put out and it will explain all the steps needed to file a patent. Most people don't have a lot of time or money to go through the patent process and so usually will just create something and then market it hoping to get a head start on the market or make enough money to patent it later.


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Re: Wow, getting threatened with patent infringment? and being threatened with harm. [Re: The White Rabbit]
    #12831152 -

so they say that they patented the idea of drawing on a board with a laser? so that any product being used to draw on a board with a laser would be under their patent? This does not seem to make sense to me.... does anyone have any insight?

im of the opinion that a lawyer just took them for a few hours work and a patent application...


--------------------
PEACE

:mushroom2:zippoz:mushroom2:



"in times of widespread chaos and confusion, it has been the duty of more advanced human beings - artists, scientists, clowns, and philosophers - to create order. In such times as ours however, when there is too much order, too much m management, too much programming and control, it becomes the duty of superior men and women and women to fling their favorite monkey wrenches into the machinery. To relieve the repression of the human spirit, they must sow doubt and disruption"

"People do it every day, they talk to themselves ... they see themselves as they'd like to be, they don't have the courage you have, to just run with it."

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Re: Wow, getting threatened with patent infringment? and being threatened with harm. [Re: ZippoZ]
    #12831256 -

Ok, well they can say anything they like but unless they provide a patent number for you to look up they are probably bluffing. Second of all if they did have a patent or even one pending they could then sue you for infringement only after giving you a cease and desist notice first and then giving you time to close up shop.

Most likely they are threatening you because they have nothing of the sort, though they could have started the application since the threat. And if they kept good records of the creation process and what dates things were created for themselves they might have a future infringement case against you.

Best sugestion is to contact the patent office and see if there is a patent for anything that comes even close to what you created and if not start the process yourself. And if they threaten you again either in writing or verbally take legal actions back by getting a restraining order against them. If they then break the restraining order you can have them arrested at any event they show up to.


--------------------
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Re: Wow, getting threatened with patent infringment? and being threatened with harm. [Re: The White Rabbit]
    #12831338 -

im relatively sure theyre not bluffing over weather or not they have a patent pending. im sure they do.

but what i am asking is if the concept of drawing on a board with a laser is patentable?

or if they would have to patent the creation of the board itself is what needs to be patented.


--------------------
PEACE

:mushroom2:zippoz:mushroom2:



"in times of widespread chaos and confusion, it has been the duty of more advanced human beings - artists, scientists, clowns, and philosophers - to create order. In such times as ours however, when there is too much order, too much m management, too much programming and control, it becomes the duty of superior men and women and women to fling their favorite monkey wrenches into the machinery. To relieve the repression of the human spirit, they must sow doubt and disruption"

"People do it every day, they talk to themselves ... they see themselves as they'd like to be, they don't have the courage you have, to just run with it."

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Re: Wow, getting threatened with patent infringment? and being threatened with harm. [Re: ZippoZ]
    #12831574 -

If your technology uses something a bit different than theirs (assuming they patented it already), and works differently, from what I understand, you're fine to patent it. If your idea is worth investing in, try to talk to a patent attorney, maybe you can even get free consultation. There may be local offices near you.

This technology may already have a patent, outside of these hippies and you, who knows until you investigate more.

ZippoZ said:
I found this out, because they ran into my girlfriend at an event, and let her know that they were 'finding old school ways of dealing with me



:lmafo: Sorry to chuckle, but that paints a funny picture! Maybe try marketing it at festivals where this hippy troupe does not. Maybe you can get a family hand in this through the nitrous mafia :lol:


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"Cosmic Love is absolutely ruthless and highly indifferent: it teaches its lessons whether you like/dislike them or not." John C. Lilly


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Re: Wow, getting threatened with patent infringment? and being threatened with harm. [Re: ZippoZ]
    #12833039 -

ZippoZ said:
i asked how they made it but they didnt tell me anything, just that it was some mineral coating.

Why did you want to know how they made it?


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Well I try my best to be just like I am, but everybody wants you to be just like them. --  Bob Dylan
fireworks_god said:
It's one thing to simply enjoy a style of life that one enjoys, but it's another thing altogether to refer to another person's choice as "wrong" or to rationalize their behavior as being pathological or resulting from some sort of inadequacy or failing so as to create a sense of superiority or separation as yet another projection of a personal fear or control issue.

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Re: Wow, getting threatened with patent infringment? and being threatened with harm. [Re: ZippoZ]
    #12833479 -

ZippoZ said:
im relatively sure theyre not bluffing over weather or not they have a patent pending. im sure they do.

but what i am asking is if the concept of drawing on a board with a laser is patentable?

or if they would have to patent the creation of the board itself is what needs to be patented.


Did Microsoft have to pay Apple for patent infringement on Windows?


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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order

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