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Rifles, Reloading, Optics, Equipment
Rifles, Bullets, Barrels & Ballistics
You can only get it from me Wildcats mentality.
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<blockquote data-quote="Greyfox" data-source="post: 1296052" data-attributes="member: 10291"><p>The world is currently going patent crazy and unfortunately it has even seeped into the shooting world. I just retired from a high tech career where you live or die when it comes to patents. I spent a great deal of time with patent attorneys. We won, lost, and settled.disputes on more occasions over the years then I can remember.</p><p>Some points about patents:</p><p>-Patents are all about commercial value. It is highly unlikely that going after an individual that has violated the patent for personal use of a proprietary rifle cartridge would be justified. If you decide to sell it and have any degree of success, then you may have trouble.</p><p>-Observe carefully whether the "idea" is "Patent Pending", or whether is has been actually "granted", as indicated by a patent number. Any one can submit an application and say "patent pending". Many times this is just a marketing ruse and meant to intimidate others from marketing the idea. A large percentage of these never get issued. But, if the pending patent gets issued, and you benefited commercially, they may come after you for those damages.</p><p>-Before a patent gets issued, there is a thorough investigation, focusing on aspects such as common practices, prior art, etc. If a patent is issued and you end up in court for violating it, there is a very good chance you will loose. The courts favor the patent holder. </p><p>-if you violate someone's patent knowingly or unknowingly, a court injunction obtained by the patent holder is needed to stop you from "selling". </p><p>-If it goes to court, it is VERY expensive for BOTH parties. A large number of cases are settled out of court or never pursued. The damages/gains are weighed against the legal costs. </p><p>-Damages are determined by the actual sales that were "lost" by the holder of the patent If the patent was violated intentionally, you can get hit for triple damages.</p><p></p><p>With all this, I seriously doubt that we would ever see any litigation over a patented "proprietary" cartridge, particularly in the small LR/ELR market segment. Even if the patent office unwittingly issued a patent, I think it could be one of the rare cases where one could beat it. There is a litany of prior art and common practice. But, no one in there right mind would ever spend the legal fees to bring it to litigation. As for an individual that wants to build a "proprietary" cartridge/barrel for personal use, I wouldn't be too concerned. IMO.</p></blockquote><p></p>
[QUOTE="Greyfox, post: 1296052, member: 10291"] The world is currently going patent crazy and unfortunately it has even seeped into the shooting world. I just retired from a high tech career where you live or die when it comes to patents. I spent a great deal of time with patent attorneys. We won, lost, and settled.disputes on more occasions over the years then I can remember. Some points about patents: -Patents are all about commercial value. It is highly unlikely that going after an individual that has violated the patent for personal use of a proprietary rifle cartridge would be justified. If you decide to sell it and have any degree of success, then you may have trouble. -Observe carefully whether the "idea" is "Patent Pending", or whether is has been actually "granted", as indicated by a patent number. Any one can submit an application and say "patent pending". Many times this is just a marketing ruse and meant to intimidate others from marketing the idea. A large percentage of these never get issued. But, if the pending patent gets issued, and you benefited commercially, they may come after you for those damages. -Before a patent gets issued, there is a thorough investigation, focusing on aspects such as common practices, prior art, etc. If a patent is issued and you end up in court for violating it, there is a very good chance you will loose. The courts favor the patent holder. -if you violate someone's patent knowingly or unknowingly, a court injunction obtained by the patent holder is needed to stop you from "selling". -If it goes to court, it is VERY expensive for BOTH parties. A large number of cases are settled out of court or never pursued. The damages/gains are weighed against the legal costs. -Damages are determined by the actual sales that were "lost" by the holder of the patent If the patent was violated intentionally, you can get hit for triple damages. With all this, I seriously doubt that we would ever see any litigation over a patented "proprietary" cartridge, particularly in the small LR/ELR market segment. Even if the patent office unwittingly issued a patent, I think it could be one of the rare cases where one could beat it. There is a litany of prior art and common practice. But, no one in there right mind would ever spend the legal fees to bring it to litigation. As for an individual that wants to build a "proprietary" cartridge/barrel for personal use, I wouldn't be too concerned. IMO. [/QUOTE]
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You can only get it from me Wildcats mentality.
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