Proteus official

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monkkx

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Here's the patent I think you're refering too: Patent US20130104916 - Electronic vaporizer that simulates smoking with power control - Google Patents

My understanding is that they've patented power regulation on a device composed of a battery AND a heating element (atomizer):
The subject innovation relates to a power regulated electronic vaporizer (or a component and/or circuitry thereof) for a smoking simulator device in which direct regulation of the input or output power provides a uniform and consistent user experience. The electronic vaporizer includes a heating element, a power source that provides power to the heating element, and a trigger component that activates the heating element to vaporize a material from a cartridge for consumption (e.g., inhale, smoke, and the like).

Since proteus will be a power regulated tube with a 510 connection at the end (and not an integrated vaporizer), this patent shouldn't be applicable.
Now, I'm not a lawyer (so take the following with a grain of salt), but I've studied electronic, and I know for sure that power regulation is a very old concept, it can't be an evolv invention ! (I respect very much evolv and appreciate their contribution to vape industry, but I've studied regulation 15 years ago, and it was alread gran'pa electronic ... so no way they can patent that)

edit: in case I'm wrong (laws can be tricky, especially in the kingdom of patent trolls), you still can make it available for non-US customers hopefully?
 
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imeothanasis

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The law says that you can patent something that exists in the market (a VW module for example that already exists a long time ago), but only if you put it on a device that noone else did monk. I think evolv put it on ecigs, so its a patent. But you cant patent something that is already sold even if you were the one that invented it.

By the way, the patent says that evolve wants to have the rights for all regulated devices even if he only invented VW and not VV for example? Also he wants to patent all regulated e-cigs (and atomizers too)?

Maybe I read something wrong?
 

monkkx

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Common sense and law are sometimes not going in the same direction :) I only have a bit of common sense, but I'm not expert when it comes to laws ... Electronic power regulation boards do exist since a very long time, that's a fact. There's many other VW boards enterely designed by other companies (in china, germany, ...) and sold in the US, that's an other fact. Germans are too serious to violate the law, that's a believe ;)
So my common sense tells me that if the board design is different from the evolv one, they can't sue the board or mod maker ... Look and Apple and Samsung ... they're trying to patent ridiculously generic concepts, but judges refuse it ... only a legit, original and innovative concept should be patented. So my common sense tell me that since your board is different from their, even thouh it's to achieve the same purpose (VW), they can't do anything against it. I haven't heard evolv suing anyone so far, they're probably reasonnable and not just a pattent troll.
So please do it, and if they complain, just stop selling it in the US ...
 

imeothanasis

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We agree monk. My common sense told me that I can patent telescope and other GG things that were my inventions but law told me something different.
If evolv has the right to stop me and others to not sell in USA, its ok. We have to follow the law. And I do hope that they will follow the law about the already patented VIR
Common sense and law are sometimes not going in the same direction :) I only have a bit of common sense, but I'm not expert when it comes to laws ... Electronic power regulation boards do exist since a very long time, that's a fact. There's many other VW boards enterely designed by other companies (in china, germany, ...) and sold in the US, that's an other fact. Germans are too serious to violate the law, that's a believe ;)
So my common sense tells me that if the board design is different from the evolv one, they can't sue the board or mod maker ... Look and Apple and Samsung ... they're trying to patent ridiculously generic concepts, but judges refuse it ... only a legit, original and innovative concept should be patented. So my common sense tell me that since your board is different from their, even thouh it's to achieve the same purpose (VW), they can't do anything against it. I haven't heard evolv suing anyone so far, they're probably reasonnable and not just a pattent troll.
So please do it, and if they complain, just stop selling it in the US ...
 

monkkx

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I totally understand the need from a company or modder to protect its innovation from from the competitors ... but if everyone in the business start thinking like a software patent troll, it would take 15 years to achieve the progress made in the last 3 years ...
I believe temperature controlled devices are the ultimate ones :) Monitoring the temperature of the liquid in the coil is in my view the most accurate, safe for health way of regulating a vape device. It would takes into account not only the instant power delivered by the battery, but also all the energy exchanged between the coil, the atomizer, and the environment ... now does that mean that a modder will patent a thermometer? :)
Anyway, I'm again talking based on common sense, I guess it would be much better to have a lawyer advicing you on that ... However, I politely insist on the VW module. The best is the enemy of the good :) I totally respect your VIR dream, but something less mindblowing to feed the regulation freaks like me would be great Imeo. To content us temporarely before you can fix the most complex VIR.
 

imeothanasis

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The ultimate vaping is almost ready monk. I only want to solve some minor issues with it. Then you will understand what I am trying to make all these years.

We made the big revolutions on vaping like the first mech mod, the most featured mech mod with features that exist on all mods now (GGTS), the first atomizer with resistance on botton and with liquid control (Odysseus) and now we have to make the best by far electronic. I cant make anything less, its not my style.
 
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