Magnet Motor Recent Patent Application

[slapper]

I have been helping out an old patent attorney friend for many years on the side. He will have me get involved when a client walks in with an idea or even a crude prototype. These clients usually do not have a clue.

First let me perform some c. y. a. as the information I am posting should not be consider as any legal advise.

The patent attorney I work with is quite anal. When he files he wants every detail in the patent application required for anyone with common knowledge in the art to replicate it and perform as specified. This scares some clients. They do not want their intellectual property displayed out in the public domain. Many times they are better off with nondisclosures or noncompetes. Copyrights are another consideration. But some 'inventors' will hide little details that do not allow a successfull replication offerred in the embodiment of the patent.

It has been my experience that one can build a physical model offerred in a patent. It is when you start using the replicated model is where you potentially expose yourself to a suit. If you get caught using it that is. Similar to running a stop sign. In my state you can blow by a stop sign as long as no one sees you do it.

You definitely cross the line of exposure when you use the item in a commercial environment or start selling it. Most likely, however, an attorney will not file a suit if there is no financial reward either from his client or the potential defendant.

However, if the replicator had to make modifications on a particular item in a patent to get it to perform as specified the replicator has a good defence. But this defence can be painfull for the one that gets sued first. These improvements could then be patentable. I would consider this to be poetic justice.

Please keep in mind that anything deemed common knowledge in an art is not patentable in the states according to what I have been led to understand.

I do believe there are many times that one needs protection. It is my humble opinion, however, that the topics in this forum should be open source public domain. Getting protection on a free energy device leads a path the absolutely no where but a big black hole. It does not do the originator any service to try to leverage any intellectual property in this area as they are going to be faced with a substantial amount of challenges and end up with a hugh amount of expenses and grief. Even if successfull in getting a financial reward, it most likely get shelved or exploited and there will exist a limit in creativity. Meanwhile, protection does not do the public any service as well.

This being said I will not come down on anyone who feels that they should seek legal protection or financial gain with their hard earned work.

I apologize for my venting.

Take care.

nap

[klicUK]

@slapper,

Just wondering about this. What if you were to sell your invention in kit form? say selling two halves seperatley. If you had infringed some ecoteric patent wouldn't this be a way around it?

Also, what about gifting your invention with the sale of something else. A bit like when you buy a Mcdonald's kids meal you sometimes get a free toy. Sell a happy meal get free overunity device! 

regards,
klicUK

[ken_nyus]

I think you are allowed to make one device for your own use, for a given patent.

If this is true, then what you have to spread is the knowledge of how to make one, and everyone just makes their own.

Of course first we have to find a working design.

[slapper]

You can build a patented device but when you start using it is where the legal exposure may begin. It becomes open for an argument in a suit. It really does not come down to actually using it however. If you do not allow anyone to know you are using it you should not get into any trouble. Much like the tree falling in the woods. Again, this is only my laymens oppinion based on some of may patent attorney friend tirades as I am not an attorney and nothing I say should be considered as any leagal advice.

Did you notice how I just snuck that c. y. a. in there

In response to klicUK:

Please keep in mind that I am referring to my experience here in the states. Complete kits with plans expose you almost as much as out right selling the complete patented item. The plans themselves could be considered illegal. The patent is much like a copyright on steroids. Of coarse this opens up the other area you brought up. If the patent was accurate in its detail you could refer end users to the patent number. The kits themselves can be a source for exposure. The point is that you need to consider how attractive is the item and how deep are the pockets of the patent holder. Anyone can be sued for anything. It does not have to take a hole heck of a lot to get suit filed against you. It depends on a lot of fractures and what your potential pain tolerance is. Much has to be considered.

By the way klicUK., you did an awesome job on the screw motor. Mine failed miserably. Did not do a direct replication though. I have not given up on it yet. I will probably post my results after I have more time to play.

[klicUK]

You can build a patented device but when you start using it is where the legal exposure may begin. It becomes open for an argument in a suit. It really does not come down to actually using it however. If you do not allow anyone to know you are using it you should not get into any trouble. Much like the tree falling in the woods. Again, this is only my laymens oppinion based on some of may patent attorney friend tirades as I am not an attorney and nothing I say should be considered as any leagal advice.

Did you notice how I just snuck that c. y. a. in there

In response to klicUK:

Please keep in mind that I am referring to my experience here in the states. Complete kits with plans expose you almost as much as out right selling the complete patented item. The plans themselves could be considered illegal. The patent is much like a copyright on steroids. Of coarse this opens up the other area you brought up. If the patent was accurate in its detail you could refer end users to the patent number. The kits themselves can be a source for exposure. The point is that you need to consider how attractive is the item and how deep are the pockets of the patent holder. Anyone can be sued for anything. It does not have to take a hole heck of a lot to get suit filed against you. It depends on a lot of fractures and what your potential pain tolerance is. Much has to be considered.

By the way klicUK., you did an awesome job on the screw motor. Mine failed miserably. Did not do a direct replication though. I have not given up on it yet. I will probably post my results after I have more time to play.

@slapper,

Thanks for the reply. I was really just trying to think of a legal way around being sued by someone holding a bogus "catch all" patent, rather than stinging a genuine inventor with a patent. Specifically about OU devices, surely if the bogus patent holder can not demonstrate a working device, then the working device must be differentiated in some way. This differentiation is what would need to be patented. Kind of jumping the gun a tad though. 

"...you did an awesome job on the screw motor. ..." Thanks for that.

klicUK