Does a patent apply to the product or the design

[hallboss 1]

I want a muzzle break (brake...I can never remember) that resembles the Noveske KX3, but the .223 and .308 parts are patented. They don't offer KX3 for a shotgun, so that means if I want one, I either need to make it or have it made.

 

My question is, does Noveske's patent apply to the part itself and therefore I can make one without patent infringement? or Is the design patented and therefore, no variation can be made without infringing on the patent?

 

I am pretty sure, that the patent is meant to protect from someone copying the idea and mass producing it, not to keep me (a backyard fabricator) from making a "one off" piece for personal use. I guess my question is more along the lines of if I have someone make it for me, I don't want to create any problems for them.

 

Thanks

Darin

here is a link to the KX3 if anyone wants to see it.

Edited February 13, 2009 by hallboss

[DogMan 2,343]

I want a muzzle break (brake...I can never remember) that resembles the Noveske KX3, but the .223 and .308 parts are patented. They don't offer KX3 for a shotgun, so that means if I want one, I either need to make it or have it made.

 

My question is, does Noveske's patent apply to the part itself and therefore I can make one without patent infringement? or Is the design patented and therefore, no variation can be made without infringing on the patent?

 

I am pretty sure, that the patent is meant to protect from someone copying the idea and mass producing it, not to keep me (a backyard fabricator) from making a "one off" piece for personal use. I guess my question is more along the lines of if I have someone make it for me, I don't want to create any problems for them.

 

Thanks

Darin

here is a link to the KX3 if anyone wants to see it.

 

I don't think there is any infringement as long as you are not making them to sell or you don't call it a Noveske KX3. If someone else makes an identical piece for you for a price I still don't see any kind of actionable infringement issue, but I could be wrong on that. Obviously I'm talking about a "one of, for your own use, not for sale" type thing. I also wouldn't push my luck by advertising what you have made.

Edited February 13, 2009 by DogMan

[hallboss 1]

Thanks

[csmw 98]

I don't think there is any infringement as long as you are not making them to sell or you don't call it a Noveske KX3. Obviously I'm talking about a "one of, for your own use, not for sale" type thing.

 

Yup, you won't have any issues making one for personal use.

 

I want that dog in your avatar

[jaymce 7]

The patent can apply to either or both (design or use).

 

You should not have a problem making a one off for your own use.

 

If Noveske did have a problem with it they would send a letter from the lawyer etc. Worst case they would probably ask for the unit and give cease and desist. You say sorry and they would probably go away. (no financial gain to them)

 

It may also differ enough not to infringe, I guess your brake would differ in size, threading , some design features might be the same ie. shape. I would go for it.

[hallboss 1]

Thanks guys,

It would actually be a weld on as well for OAL. I think it would be different enough that it would not create too many problems if any.

 

Thanks again

Darin

[John_pro2a 3]

Thanks guys,

It would actually be a weld on as well for OAL. I think it would be different enough that it would not create too many problems if any.

 

Thanks again

Darin

 

Are you going to make the baffle, with a removable cone too? Or just mimic the shape in one solid peice?

[jacknast76 2]

With patents, it's the patent holder that has to police their patent.

 

If you are simply making one for yourself. Yes it is infringement. Will they know, probably not. Unless you start making thousands of dollars on it or an amount that would be worth suing you.

 

If their patent does not claim (the claims are all that count towards infringement) the item for use on a shotgun then you might not be infringing. But I would assume they covered all firearms.

Edited February 13, 2009 by jacknast76

[hallboss 1]

Thanks guys,

It would actually be a weld on as well for OAL. I think it would be different enough that it would not create too many problems if any.

 

Thanks again

Darin

 

Are you going to make the baffle, with a removable cone too? Or just mimic the shape in one solid peice?

 

It would just be a copy of the shape....more of a tacticool thing....lol

[space_weazel 1]

The KX3 is just a copy its self of the Russian "beercan".

[RockHoundTX 10]

There are basically two types of patents that might come into play; Design and Utility.

 

A design patent covers the ornamental design of something. It basically means that you can't make something as an exact visual copy of the patented item. However, if you make yours a little longer, add an extra curve, etc then the design patent typically no longer applies. Unless you load the CNC data from a real Noveske KX3 into a lathe, you are probably OK.

 

The second patent is a utility patent. This is for the functional aspects of the object. A utility patent is about how something actually works and the specific benefits derived. For something to be patentable via a utility patent it has to show that it has a feature that has not been previously sold or made available to the public at-large. In order to get a utility patent, Noveske would have had to show that their baffle system was somehow different than any other baffle system from a mechanical perspective. If you make your baffle a little different, then likely there is no patent infringement.

 

However, the real question is whether it is patented at all. Patents (especially utility patents) are extremely expensive to get and maintain. Any time you hear someone say "I have a million dollar idea, I should go patent it" it is a clear indication that they do not understand the patent process. I read somewhere where realistically an idea needs to be worth $21M before it truly needs to be patented. I think that number might be a little high but not by much. A lot of folks get patents just for the bragging rights and many companies get them as an insurance policy (especially process patents) just to keep someone else from claiming patent infringement in the future. In most cases, being first to market and keeping trade secrets confidential are better than patents. A lot of folks say "patent pending" on their product just as a visual deterrent (kind of like the Brinks Home Security yard signs even if you don't have an alarm) but that is actually illegal if not true and the person or company could be fined for doing so.

 

Basically, as long as you don't put the flaming pig on the flash hider (which would be a copyright violation), you should be OK.

[pedal2alloy 206]

What is actually inside of that thing? All they show is the outside and it looks like a tube.

[hallboss 1]

Rock hound

Thanks for the info, I appreciate the detail.

Now I need to find someone to make one for me....