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Old 26-11-2009, 04:21 PM
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Default patent or the simple way.

Not sure if this is the right place for this one,but


For those who are inventive,with flies or anything really,rather than go on dragons den(which here can be a bit like that at times)rather than go through a patent process,a simple way is to put it in an envelope with a date in it and post it back to yourself, making sure the date is on the envelope also.
When it arrives do not open it but put it away safe.You have proof then to yourself and others should the need arise,, if someone copies a fly or whatever if it bothers you,not that it happens.

Just an idea
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Old 26-11-2009, 04:28 PM
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Quote:
Originally Posted by morayflyfisher View Post
Not sure if this is the right place for this one,but


For those who are inventive,with flies or anything really,rather than go on dragons den(which here can be a bit like that at times)rather than go through a patent process,a simple way is to put it in an envelope with a date in it and post it back to yourself, making sure the date is on the envelope also.
When it arrives do not open it but put it away safe.You have proof then to yourself and others should the need arise,, if someone copies a fly or whatever if it bothers you,not that it happens.

Just an idea
I have heard this Kevin,would you have to send it recorded delivery.
Would be interesting to see if there are any patent lawyers on here.
Would this stand up in court.

Sean
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Old 26-11-2009, 04:33 PM
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to be honest I wouldnt know ,but if you have proof of posting and a dated envelope and the other person doesnt have anything I know which route I would be choosing.
patenting is a long drawn out process and can be costly,this is a simpler cost effective way,recorded delivery would work but also a simple proof of posting from the PO would be the same.But better actually on the envelope a date and unopened or tampered with.

Ps would be interesting to know if anyone has had any dealings with something like this.
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Old 26-11-2009, 04:34 PM
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It is not patentable to start with

Does not meet the criteria to be covered by a patent. A few things where a fly fails completely in the recognition criteria:

1) capable of industrial application? It's not really...
2) An inventive step, it "cannot be obvious to someone skilled in the art", ie. the inventive step involved in creation of this cannot be obvious to a fly tyer.
3) Aesthetic creations are not covered by patents.

Copyright is the route you would have to go down, and it would need to satisfy the recognition requirements for copyright. I have no idea regarding the postal method...

And for patents, it needs to be a registered patent to have any bearing at all on what people can cannot do with your invention...

Assuming I was taught right at uni then this is correct but i'll be more than happy to be proved wrong, not sure these lecturers tells you the truth all the time
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Old 26-11-2009, 04:43 PM
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As I understand it, copyright only applies to unique written works, or works of art or music. Copyright law would not apply to a fly pattern. Nor could a fly pattern be patented. For a patent to be granted, an invention must be substantially new or innovative, significantly different in concept from anything which has been made before. A fly pattern, being simply a way of tying fur and feather to a hook, could not be so described and would not, therefore, be granted a patent.
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Old 26-11-2009, 04:49 PM
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So those magnetic flies that were mentioned in a different thread can be made by anyone then.

Thanks for the heads up I was about to invest in those

I'M Out

Sean
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Old 26-11-2009, 05:04 PM
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Originally Posted by Anjinsan View Post
So those magnetic flies that were mentioned in a different thread can be made by anyone then.

Thanks for the heads up I was about to invest in those

I'M Out

Sean
That may not be so simple. A new concept in fly design is not the same as a fly pattern. If the Patent Office judged that this magnetic fly was a significant innovation in the design of fishing flies, then an application might be granted. I would hold off on your investment, though, until the patent is granted!
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Old 26-11-2009, 05:19 PM
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Not sure if this is the right place for this one,but
Assuming you could, why on earth would you want to? Wouldn`t that have meant seeking permission, to tie up most traditional trout and salmon flies, if the creators had chosen this path? I think the close season blues has a lot to answer for. Let`s stick to posting Christmas cards. Peter.
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Old 26-11-2009, 05:42 PM
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I believe Trevor housby,patented the dog nobbler,Which was bypassed by Sid Knight with the Puppy dog.

Jim
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Old 26-11-2009, 06:02 PM
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Jim'
I thought he tried to patent it, but failed?
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