Archived posting to the Leica Users Group, 1998/04/29

[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]

Subject: Re: [Leica] Proprietary Bayonets, Yet again
From: Robert Rose <rjr@usip.com>
Date: Wed, 29 Apr 1998 11:48:35 -0700

Dennis wrote:
<<This, and at least the thread mounts of old, are in the category of
'design patents'  or do these somehow embody concepts not obvious to
those skilled in the art?>>

HOLD THE HORSES!!
One of the biggest misconceptions is that a "design patent" is a patent on a functional design.  NOT SO.  A design patent is closer to a trademark, than to a utility patent.  It is a patent for 14 years on a new and original _ornamental_ design.  The "design" must be ornamental and non-functional.  For example, the peculiar fancy shape of a bottle could be the subject of a design patent.  It is the closest thing we have to an industrial design law.

So, the shape (silhouette) of the R8 might be the subject of a design patent, but it could not claim a functional aspect, such as a hand grip.  I can't imagine what ornamental design could be patented on a bayonet mount.

Bob


>>> Dennis Painter <dwp@deltanet.com> 04/27 6:38 AM >>>
Marc James Small wrote:
<snip> 
>  But if you
> copied a GM starter, micro-millimeter by micro-millimeter, and someone told
> the boys in Detroit, that same nasty fellow I mentioned above, or his or
> her twin, would be writing you another nasty letter.
> 
> Marc
> 
> msmall@roanoke.infi.net  FAX:  +540/343-7315
> Cha robh bas fir gun ghras fir!

Mark

This, and at least the thread mounts of old, are in the category of
'design patents'  or do these somehow embody concepts not obvious to
those skilled in the art?

Dennis

- -- 
Experience is a tough teacher. It gives the test before the lesson.
- -unknown