[TheForge] Creeping commercialisation

[Demon Buddha]

RIES NIEMI wrote:

> I just received a new catalog from Jansen Ornamental, which is a company
> that sells stuff to ornamental iron fabricators. I occasionally order odds
> and ends from them, so I am on their mailing list. They sell a line of
> Italian imported preforged items- I am sure you have seen these- premade
> basket twists, railing pickets, and the like. The thing that got me was many
> of these items now have a little logo next to them that says "patent
> pending".

	Patent pending means NOTHING.  It has no force of law whatsoever.
	It is not until a patent is awarded that there is some degree of
	protection, but even then it is tenuous at best.  Patents are
	fairly easily circumvented, and is done on a common enougg basis
	by large corporations when: 

		a) the really want your idea
		b) you don't want to give/sell it to them, and
		c) the patent is not superbly written (and even so)

	Nearly any patent can be gotten around.  Writing airtight patents
	is an artform and few people are able to do it.


	After a patent is awarded, if the patentee can prove in court that
	you used THEIR work for your own gain, you may be liable for
	damages and be required to desist.  If, however, you can show that
	you independently arrived at the same, or very similar technology
	prior to the granting of their patent, they not only can go pound
	salt, their patent becomes void due to what is commonly referred to
	as "prior art".  If John Doe made widgets in 1890 and never got a
	patent, it is possible that you could secure a patent for it, but
	if someone uncovers the truth about John Doe's previous art, your
	$$ patent will not be worth the paper it is printed on in the case
	where you go to litigation.

> This italian company is apparently attempting to patent the twisted bar, the
> basket twist, the scroll, etc.

	If that is indeed what they are attempting to patent, they will
	fail.  If their corporate counsel did not alert them to this,
	they should sue his ass into receivership for gross malpractice.

> Frankly I find this outrageous.

	Frankly, I find it amusing.  Such clueless hubris will serve only
	to boomerang and bite them in the buttocks.

> I am not sure if they can do this, but if it
> is really happening we ought to initiate a letterwriting campaign to the
> patent office to protest. Imagine being sued for using classic ironwork
> techniques in your work.

	You need to take about 40 mg. of Valium and chill out. :)
	These guys can say anything they please.  They may apply for a
	patent.  They could possibly even get one.  As I said, it will
	not be worth the paper it is printed on.  This is similar in flavor
	to that company who, in the early 1970s attempted to claim
	all rights to the sun's energy.  The court basically called them
	a bunch of assholes and tossed them out on their collective ear
	as they deserved.