What happenes to WDP if smart parts shuts them down?

[bornl33t]

So you think that your imune to the Smart parts threat cause your marker is being made over seas? Guess again....

http://www.paintballstar.com/pn/modules.php?op=modload&name=News&file=article&sid=69&mode=thread&order=0&thold=0

you can flame me all you want.. I'm just posting the link.



oh yeah... and calling sp a threat

[-=Squid=-]

Mabe this way my LCD will actually be worth something...

[shartley]

[MicroMiniMe]

Don't US patents only last seven years? I mean if worse case scenario and they 'win', just wait seven and pass on paying royalties.

[shartley]

Originally posted by MicroMiniMe
Don't US patents only last seven years? I mean if worse case scenario and they 'win', just wait seven and pass on paying royalties.

[manike]

Originally posted by shartley
WDP would have to figure out how much of a market loss they would lose by discontinuing US Sales.

80%

Originally posted by shartley

It's just one country so far I believe. The USA. No other countries have allowed them to do what they have done with their patents in the USA.

Originally posted by shartley
That is not entirely true. And patents get extended on a regular basis.

Patents do not get extended. You can not extend a patent. That's the whole point. If you develop new and novel ideas you can get new patents on the innovations but the original concept is only patented for a finite period. In the USA I believe it is 20 years from the date of filing. For instance with my patent it took 3 years to get grant, so once granted the patent had a life of 17years.

[shartley]

Originally posted by manike
80%

Originally posted by manike
It's just one country so far I believe. The USA. No other countries have allowed them to do what they have done with their patents in the USA.

Originally posted by manike
Patents do not get extended. You can not extend a patent. That's the whole point. If you develop new and novel ideas you can get new patents on the innovations but the original concept is only patented for a finite period. In the USA I believe it is 20 years from the date of filing. For instance with my patent it took 3 years to get grant, so once granted the patent had a life of 17years.

[shartley]

http://www.uspto.gov/main/patents.htm

Folks will clearly see that there are a good many patents that have been extended.

[manike]

Originally posted by shartley
I think that if folks look, they will find that there is a wide range of cooperation between just about every industrialized nation, concerning copyrights, trademarks, and patents.

What's that got to do with anything? Yes there is huge co-operation and you can use priority dates from an application in one country to get a priority date in another. But a patent in the USA is a USA patent and worth nothing in another country.

If you get a priority date in the USA as SP have done you can then use it to apply for a patent in the UK and other countries. But it doesn't mean they will get grant in those other countries. Some countries are not so willing to grant patents as others...

Originally posted by shartley

It's correct when it comes to patents such as this and the ones being discussed here.

The whole point of a patent is because you get a protected life in the market place for a finite period of time and then that technology is available for everyone to use. The drug industry has some special circumstances because some things in the drugs industry have taken so long and so much money to develop that they had no protection once they hit the market so there has been some special cases here, but in general you can not extend a patent. And SP will not be able to extend their patents. The extension of a patent is not relevant to the SP case.

[hardr0ck68]

so how much longer is their to wait out, their origional patent was what 97? maybe a few years before....i wounder if AGD can hold out for 10 years or so only producing mech guns....

[shartley]

Originally posted by manike
What's that got to do with anything? Yes there is huge co-operation and you can use priority dates from an application in one country to get a priority date in another. But a patent in the USA is a USA patent and worth nothing in another country.

If you get a priority date in the USA as SP have done you can then use it to apply for a patent in the UK and other countries. But it doesn't mean they will get grant in those other countries. Some countries are not so willing to grant patents as others...

Originally posted by manike
It's correct when it comes to patents such as this and the ones being discussed here.

The whole point of a patent is because you get a protected life in the market place for a finite period of time and then that technology is available for everyone to use. The drug industry has some special circumstances because some things in the drugs industry have taken so long and so much money to develop that they had no protection once they hit the market so there has been some special cases here, but in general you can not extend a patent. And SP will not be able to extend their patents. The extension of a patent is not relevant to the SP case.

Whether it is relevant in your eyes as it pertains to SP is irrelevant. I only addressed what you posted, not how it applied to the SP case. You stated that they (patents) can not be extended, and I knew that to be an inaccurate statement. Nothing more.

[manike]

First off you comment about how people should be careful what they say to avoid starting rumours. Then you bring up something completely irrelevant about extension of patents and say it is happens on a regular basis? There has been maybe a few hundred patents extended because of exceptional circumstances. There are probably more patents in Paintball than have ever been extended. The number of patents that have been extended in comparison to the number granted of around 6.5 MILLION, does not make a regular basis.

If you want to get pedantic and argue about what I said, fine, but what what you said is completely irrelevant and for all relevant purposes to the topic and issues of this thread I am correct, and I was talking about the patents in this thread. Probably a mistake to make such a sweeping statement when there are such analy retentive people about. Now you may well have started a rumour about SP being able to extend their patents. Nice one . It's irrelevance to this issue makes it not worth discussing any further. If you can find any relevance to this issue I will be very happy to consider it.

How about the fact I looked into it when I applied for may patents, looked into it once they were granted, and it was pointed out very clearly to me by the companies that took licences on my patents when we were doing the deals. I suggest you do some more research. I've been doing it for 8 years and paying out my behind for it from my legal guys.

Patents are quite different to other forms of IP unfortunately.

Often that is because companies that patent big products not only get USA patents but European and WorldWide patents and well as patents in specific countries where required, so they do have cover. When that doesn't happen we do see a lot of knock off goods in countries not covered by the patents. I've been threatened by people in some of these minority countries with rip offs of my stuff, such is life. How do you know other countries are not knocking off the goods you see covered by USA patents?

The original electronic hopper was knocked off and sold all over Europe and the rest of the world because it was only patented in the USA. The rival product was called the 'Autofeed'. Are you familiar with it?

[Gadget]

Would I be right in thinking that AGD only having US patents was the reason EPS in the UK got away with ripping off the Automag with their Colonial 'clone' in the early/mid 90s?

[Webmaster]

This is all kinda silly.

NO WAY will WDP pull out of the US market. It would be like McDonalds not selling hamburgers anymore!

Unless WDP fights it - they too will have to pay a royalty - as it looks like everyone will have to who is covered by the US patent.

Niether SP nor WDP would have anything to gain by WDP pulling out of the US market.

BTW - did you know that for MANY years EVERY auto manufacture had to pay a royalty to a Mr. George Selden. Yet the auto industry didnt die. So buck up - this isnt the end - it just means we, the consumer, will be passed down the extra costs of a royalty.

[shartley]

Originally posted by manike
First off you comment about how people should be careful what they say to avoid starting rumours. Then you bring up something completely irrelevant about extension of patents and say it is happens on a regular basis? There has been maybe a few hundred patents extended because of exceptional circumstances. There are probably more patents in Paintball than have ever been extended. The number of patents that have been extended in comparison to the number granted of around 6.5 MILLION, does not make a regular basis.

If you want to get pedantic and argue about what I said, fine, but what what you said is completely irrelevant and for all relevant purposes to the topic and issues of this thread I am correct, and I was talking about the patents in this thread. Probably a mistake to make such a sweeping statement when there are such analy retentive people about. Now you may well have started a rumour about SP being able to extend their patents. Nice one . It's irrelevance to this issue makes it not worth discussing any further. If you can find any relevance to this issue I will be very happy to consider it.

Originally posted by manike
How about the fact I looked into it when I applied for may patents, looked into it once they were granted, and it was pointed out very clearly to me by the companies that took licences on my patents when we were doing the deals. I suggest you do some more research. I've been doing it for 8 years and paying out my behind for it from my legal guys.

Patents are quite different to other forms of IP unfortunately.

Originally posted by manike
Often that is because companies that patent big products not only get USA patents but European and WorldWide patents and well as patents in specific countries where required, so they do have cover. When that doesn't happen we do see a lot of knock off goods in countries not covered by the patents. I've been threatened by people in some of these minority countries with rip offs of my stuff, such is life. How do you know other countries are not knocking off the goods you see covered by USA patents?

The original electronic hopper was knocked off and sold all over Europe and the rest of the world because it was only patented in the USA. The rival product was called the 'Autofeed'.