Willmac1.wm

can you recreate a patent pending product

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I was going to make a camo hunting blind. I see the something that is being sold online it's calmed to be patent pending. It has trade marks all over its logos. The product I want to make looks to use identical material as the one in the patent. I read the patent and it described using coroplast and vinyl or fabric camo.

I don't know much about so called inventions and patents. I don't want to have a company lawyer going after me if I make a product a lot like there's used for the same thing.

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You would need to contact an attorney in that type of field...and proceed from there.   I don't know of any attorneys on here. 

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Hey skeeter again your helping me. When it brakes down to calling lawyers. It's not worth it to me. I don't do much work and I don't plan on going big company box stores. I just don't need any trouble doing a side project. Everything used would be normal sign materials such as vinyl coroplast glue and plastic. But it's use would be identical to the one that has rights reserved.

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Before scrapping your project, do a google search on what patents include.

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If you want help, let me know what product and I'll help you research it in my free time.

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If this is already invented, that speaks volumes,,,you did not invent it and cannot copy someone else's invention... You WOULD need an attorney,,,regard less. 

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Not knowing anything I would think making something like this for yourself would be ok, it's a pretty simple idea, magicians have been using the technique for decades. So long as what you build isn't exactly like theirs I would think you'd be ok. Again, I don't actually know anything just going off of common sense, then again, this is the law we are talkingn about.

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If this is already invented, that speaks volumes,,,you did not invent it and cannot copy someone else's invention... You WOULD need an attorney,,,regard less. 

My dad works with all the big name hunting brands including, Browning, Mossy Oak, Real Tree, Bone Collector, etc. 

All of those brand names have laws against buying their products, and then turning around and selling them yourself... it is very much illegal, because all those brands have rights reserved...

But, on that same token, there is a company, that buys in bulk necklaces, and bracelets with the well known buck mark symbol, and takes the charm connects it to a barbell belly button ring, and sells the "browning" belly button rings as their own. Browning does not sell their own belly button rings, but their merchandise is all rights reserved, so why don't they sue this company? Well, because this company has changed the product 20% or more, so they technically aren't violating any laws...

 

So, he just needs to be aware of what rights this patent is going to include and go from there. If he is using this item for personal use, I don't think he could get into any kind of legal trouble... just because he decided to build something himself instead of buying it. I'm sure there are people all over the place that build/make things for themselves and not realize the same thing is a patented product being sold in mass amounts somewhere. 

Think about it, someone can buy their own wood, tools and other needed materials and build themselves a marvelous dresser... but it's not like those same materials and general design aren't already being used for the same purpose? That's already been invented and currently on the market for sale but it's still okay if someone decides to build their own dresser. I think depending on what the patent includes, if he changed the design some then it doesn't matter if he's using the same materials for the same overall purpose.

The same idea is also proved in stores with stolen merchandise... if a store buys/receives stolen products and they are not required by any policies to report what they buy and whom from to some kind of authority, then they are legally allowed to change a couple parts, and re-sell them... I know this because I recently worked with a store that did this on a daily basis; that may be messed up in some opinions, but I'm just speaking on what's legal not what's right... A pawn shop for example DOES have to report what merchandise is coming in, and they have to provide proof that they did not knowingly purchase any stolen items, and if they are aware that an item is stolen they must report that as well as not accept it. If someone comes in, and recognizes an item as theirs, and claims it to have been stolen with proof then authorities must be contacted and that item will be released back to the owner. So that's why he needs to research what is legally included in the patent for the item he wants to make.

He really doesn't need to waste the time or money on a lawyer if he just does his research, unless of course he needs help understanding any legal terminology that may be used in the phrasing of what rights the patent covers... but then again, there is always Google, to help look up what that terminology defines.

But, that's just my two cents; I'm not a lawyer or anything, haha. :P

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. A pawn shop for example DOES have to report what merchandise is coming in, and they have to provide proof that they did not knowingly purchase any stolen items, and if they are aware that an item is stolen they must report that as well as not accept it. If someone comes in, and recognizes an item as theirs, and claims it to have been stolen with proof then authorities must be contacted and that item will be released back to the owner. So that's why he needs to research what is legally included in the patent for the item he wants to make.

 

 

Yea but you want to know the real fucked up part.   The owner that recognizes that item has to BUY it from the pawn shop for what the pawn shop paid for it.   

 

Tell me that's not some shit.  

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If you are planning to market it then you are at risk. My understanding is that you can pretty much build anything you have the ability to for your own use. Turn around and sell it to someone or often even give it away and you step out onto the "Plank" 

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Yea but you want to know the real fucked up part.   The owner that recognizes that item has to BUY it from the pawn shop for what the pawn shop paid for it.   

 

Tell me that's not some shit.  

WOW I'M REALLY SORRY TO HEAR THAT!! :( BUT Not all pawn shops are like that.. if you get the police involved where i live in utah the pawn shop always takes the loss for not properly checking to see if the item is stole. Even if it was stolen hours ago and not reported if the owner comes by and asks for the property back with proof  of ownership they can obtain their merchandise with no hassle or payment. I know this for a fact at 911 And charlie's Pawn where i'm from i've had my laptop stolen and reported it to the police had it back within a couple days some druggy Stole and pawned it :( (THEFT FOR DRUGS IS VERY PREVALENT IN MY AREA COME RECENT DAYS! )  But silver lining , I Got it Back for free :) . . That Is really really messed up that you would have to pay to get your item back it should be on the thief or the pawn shop..

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