How to protect your Mod designs without paying for a Patent

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MagnusEunson

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Alright, I've been reading back through forum searches.

Saw some pretty saddening .....ty things. I feel for you guys now and it actually made me undo my own post related to my Dr. Who PV with some ideas of internals I had for that based on medical equipment I've been exposed too. :-( -Magnus
 

AttyPops

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From another thread by some smart-.... short green (or purple) rubbery Indian head dress wearing dude:
5 to post to the group that they will no longer post because they cannot handle the "light bulb" controversy
...........#1

P.S. Surprised he's not "red" since he is so mad....
 
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AttyPops

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I was just kidd'n gummy. I knew red would come in there sometime.........lol.

I just researched all this "stuff" out of curiosity, and I retract post #26, and intend to post some more. It's a design patent. Meh.

Oh, and watch amazon for my new book......"1,000 different ways to design a Variable Voltage Personal Vaporizor" and subtitled "Why design patents are common and don't mean much". <OK, not really writing a book....>

P.S. I have no more problem with his design patent than I do with a cell-phone patent or laptop patent. Still lots of em out there, with many designs.
 
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Gummy Bear

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I was just kidd'n gummy. I knew red would come in there sometime.........lol..

I took it as humor, no problem there bro.

P.S. I have no more problem with his design patient than I do with a cell-phone patient or laptop patient. Still lots of em out there, with many designs.

Nor did I until it got to the point of "Conotocaurious" trying to claim the rights and royalties to any and all PVs with V V just because no one had done it yet . That is just wrong. That's all I am frizzed off about. No problem with him patenting his Buzz or what ever other PV he builds. But the plain truth about it is that he is being blown out of the water by other manf. and wants to find some trickery to extort them for their money instead of being happy with his own profits. And I wouldn't give a rats ***,,, the other venders are surely in a position to defend themselves. Other than pointing out that there is a difference between doing the "right thing and the legal thing" I would have not had near so much to say about all of this until he said that we modders better not sell any of our devices. As all of this bantering makes his delusions of entitlement grow it also makes my desire not to be told I can't do something grow too.
 
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AttyPops

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Bah. I understand your point Gummy. I'm just not worried about it.

1) I'm not currently selling anything (today)
2) Even if I was, it wouldn't be his design
3) He can claim anything he wants. He doesn't even have the patent approved yet. Even if it gets approved, he has the burden of proof on a design patent (see #2).

Look at the precedents... AMD makes CPU's that execute intel instructions (at one time they were nearly 100% the same instruction set) but different designs. Look at all the IBM clone computers. lol. I don't think you can even buy a new IBM PC anymore (Apple make em tho...lol again).

I think it is mostly pointless. Best he could do is stop an identically designed clone (and he should). Maybe I'm wrong. We'll see how it shakes out. If I wanted to sell a vv unit, and it was my own design, I would sell it. It's that simple.

Oh, P.S. I'm not an attorney....... and I'd talk to one 1st.
 
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retird

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Great exchange of thoughts guys.......I would just say in my final post about this whole issue(and this is my final post about this issue)that since we all have an opinion, here is mine:

Personal opinion:

In the end game, all of the banter over numerous threads changes nothing, as a fourm is not a decision making institution . As I stated numerous times that this banter was an exercise in futility. The merits of any Patent Application is decided by the appropriate body and nothing said here will sway the merits of the application. The difference in ethical and moral standards is another thing that will not change with the banter and will probably solidify them even further.

This ECF forum is a great place for the free exchange of ideas and information, and for the collection and distribution of information concerning all aspects that effect the vaping community. This subject created a "chill" here for a very brief time, but it is now moving away from this, and I for one, gained alot of knowledge and gained a lot of respect for many members here.

The last statements in this long opinion are just this:

It is my hope that, from this moment, we all here at ECF return to normal. This completes my personal opinion and my last post on this subject.
 
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Java_Az

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Really i couldnt have said this any better then gummy.

But as the OP said "It wont give you any license fees if someone else uses your idea. But it would stop someone with the cash patenting your idea and then turning around and charging you a license fee for making your own design. "

That is what all this is about, plain and simple.

To open source it also would push along innovation at a quicker pace. Really i dont want to see PV,s get to the point that only big companies are making them. I haven't had a chance to look into this some more yet. But my thoughts were wouldnt it be nice to have a simple way to protect the ideas of the community without spending a lot of cash or time to do it. Open source hardware is getting more and more common. I guess i have a lot of research to do to figure it all out. Really would like to hear more comments about if you out that do mod think this is a good idea or not.
 

AttyPops

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Java, I'm positive about it. IDK, a patent attorney could tell ya more, but I think if the patent applicant is like me, and can't afford one to begin with, then open source is better than nothing. I wouldn't put it on-line until I was ready with a sales channel also, so they would happen at about the same time. Otherwise, someone would get early info and make a competing product too quickly.

The thing is, it's hard for us to say, since patent law is a field in and of itself. There's an article today in the tech news about some patent holding company going after companies that have iphone apps in the app store because they used Apple's standard "upgrade" button. They didn't go after Apple, they went after the app companies for using a standard API in the "kit". Ya never know with this patent stuff.
 
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