Poor mans patent

[L00b]

To Paraphrase, "emails the new registered letter".

So, as I said, by sending yourself an email or some other electronic message.

 

The principle holds, I suppose (emails can make for nice evidence, for sure).

 

In a "poor man's patent" context, however, still pointless anyway: you only get commercially-useful monopoly rights when you apply for & obtain registered versions (patents, trade marks, designs).

 

'Automatic' (unregistered) rights (copyright, design right) are extremely narrow and, generally speaking, commercially irrelevant. Unless your name is J.K. Rowling of course

[hathechewed]

So, as I said, by sending yourself an email or some other electronic message.

 

The principle holds, I suppose (emails can make for nice evidence, for sure).

 

In a "poor man's patent" context, however, still pointless anyway: you only get commercially-useful monopoly rights when you apply for & obtain registered versions (patents, trade marks, designs).

 

'Automatic' (unregistered) rights (copyright, design right) are extremely narrow and, generally speaking, commercially irrelevant. Unless your name is J.K. Rowling of course

 

So what you are saying is, if I came up with a concept lets say a length of string with a brick on one end to be used for alignment, emailed it to myself and a solicitor or similar, my rights would be narrow, but generally speaking could be commercially relevant....

[hathechewed]

Not sure you could claim to have invented a plumb line though.

 

Thanks for that I was looking for a name for it,

[L00b]

So what you are saying is, if I came up with a concept lets say a length of string with a brick on one end to be used for alignment, emailed it to myself and a solicitor or similar, my rights would be narrow, but generally speaking could be commercially relevant....

Not really.

 

Assuming there has never been a plumb line shown before:

 

You couldn't do anything at all about someone who later "comes up with a concept lets say a length of string with a brick on one end to be used for alignment", not having seen yours. You do not have a patent (a 'proper' one).

 

You couldn't do anything at all about someone who copies your "length of string with a brick on one end to be used for alignment" with a different length of string and/or something other than a brick (anything to weigh the line down). No infringement of your design right (in the configuration of the line and brick).

 

You couldn't do anything at all about someone who (e.g.) reads your webpage describing a "length of string with a brick on one end to be used for alignment" and makes one. Making something ('3D') out of a description or drawing ('2D') is not an infringement of the copyright (in the '2D' material).

 

So, little reason for me to invest in your 'invention', since just about every Tom and Dick can copy it without any liability for infringement.

[hathechewed]

Not really.

 

Assuming there has never been a plumb line shown before:

 

You couldn't do anything at all about someone who later "comes up with a concept lets say a length of string with a brick on one end to be used for alignment", not having seen yours. You do not have a patent (a 'proper' one).

 

You couldn't do anything at all about someone who copies your "length of string with a brick on one end to be used for alignment" with a different length of string and/or something other than a brick (anything to weigh the line down). No infringement of your design right (in the configuration of the line and brick).

 

You couldn't do anything at all about someone who (e.g.) reads your webpage describing a "length of string with a brick on one end to be used for alignment" and makes one. Making something ('3D') out of a description or drawing ('2D') is not an infringement of the copyright (in the '2D' material).

 

So, little reason for me to invest in your 'invention', since just about every Tom and Dick can copy it without any liability for infringement.

 

me and auto98uk are going to call ours a plumb line surely if anyone copys they cant use the same name, they would have to call theirs a splange figgot or something, no one would know what your talking about, you'd be a laughing stock.....

[L00b]

me and auto98uk are going to call ours a plumb line surely if anyone copys they cant use the same name

They can:

 

(i) if they start start using the same trade name (plumb line) within weeks or months, maybe up to a couple of years, of you starting (you need years to build enough goodwill in your trading name, before you have any chance of successfully suing for passing off - if the 'copiers' have started passing off early, by that time they've built just as much goodwill in theirs as you have, and can countersue you just as effectively) and/or

 

(ii) if, by your own success and/or letting so many 'copiers' use your trading name (plumb line) as a description of your concept, it becomes generic (it becomes the 'normal' name for the concept, to everyone). By that time, it is therefore not apt to distinguish your goods from those of the competition = it might make it into dictionaries (great for the ego), but you can't sue people for using it in trade (crap for the wallet)

 

Are you starting to see a pattern here, yet?

 

(Here's a first hint: save yourself the price of a stamp, don't bother posting anything to yourself )

(Here's a second hint: with intellectual property rights, as with everything else in life, you still don't catch flies with vinegar )

[hathechewed]

They can:

 

(i) if they start start using the same trade name (plumb line) within weeks or months, maybe up to a couple of years, of you starting (you need years to build enough goodwill in your trading name, before you can use it to sue for passing off - if the 'copiers' have started passing off early, by that time they've built just as much goodwill in theirs as you have, and can countersue you just as effectively) and/or

 

(ii) if, by your own success and/or letting so many 'copiers' use your trading name (plumb line) as a description of your concept, it becomes generic (it becomes the 'normal' name for the concept, to everyone). By that time, it is therefore not apt to distinguish your goods from those of the competition = it might make it into dictionaries (great for the ego), but you can't sue people for using it in trade (crap for the wallet)

 

Are you starting to see a pattern here, yet?

 

we could put them out of business by making a cheaper product, say just use half a brick, even make it self assembly, with instructions in Chinese....

[L00b]

we could put them out of business by making a cheaper product, say just use half a brick, even make it self assembly, with instructions in Chinese....

And what's to stop your competitors doing exactly the same within days or weeks?

 

Only, they won't have had to pay anything towards resarching and developing ways and means of using half a brick, making it self-assembly, designing the packaging, creating the instructions, etc. So they can undercut and/or make more profit per unit (they don't have to recoup these product development overheads). Since you don't protect that R&D investment by relying on your "poor man's patent" and unregistered rights: they face minimal, if any, liability.

 

They can just wait for your next move, grab your first unit to reach the market, courier it to China overnight (when they don't get your own manufacturer to knock an extra million units 'on the side' that you don't know the first thing about, until the 'grey' units turn up in Southampton -if you're lucky and well informed- or on eBay) and flood your market at half your RRP inside a week.

 

They'll be putting you out of business first I'm afraid. Did you really think it's that easy to make a quick buck by having stuff made in China ?

[L00b]

And that concludes the 'Intellectual Property 101' class for today, kids.

 

Work to do, places to be, see ya all tomorrow.

 

[hathechewed]

And what's to stop your competitors doing exactly the same within days or weeks?

 

Only, they won't have had to pay anything towards resarching and developing ways and means of using half a brick, making it self-assembly, designing the packaging, creating the instructions, etc. So they can undercut and/or make more profit per unit (they don't have to recoup these product development overheads). Since you don't protect that R&D investment by relying on your "poor man's patent" and unregistered rights: they face minimal, if any, liability.

 

They can just wait for your next move, grab your first unit to reach the market, courier it to China overnight (when they don't get your own manufacturer to knock an extra million units 'on the side' that you don't know the first thing about, until the 'grey' units turn up in Southampton -if you're lucky and well informed- or on eBay) and flood your market at half your RRP inside a week.

 

They'll be putting you out of business first I'm afraid. Did you really think it's that easy to make a quick buck by having stuff made in China ?

 

I could sell the idea, make my money that way, give someone else all the hard work, let them go home with the headaches, I could email them with a full set of drawings, and a full set of instructions on how to use, (this product is not designed to be used at anything other than 179 degrees). A does not contain Nuts warning in at least 2 places, and a may contain nuts disclaimer,just in case they run out of bricks. Id be willing to sell it cheap to help pay for any litigation they may OR may not encounter on the way, Yep thats the way forward.