View Single Post
  #18  
Old 01-15-2020, 02:15 PM
619TF 619TF is offline
Guest
 
Join Date: Nov 2014
Posts: 2,317
Default

Quote:
Originally Posted by Wolfram View Post
I don't understand - why has this patent been granted on the use of a non-novel material (that is in fact patented by someone else - Dupont) in a non-novel application? Vespel is just a material, it has many uses; and guitar picks have been around for a little while!

It's one thing if the material is a necessary part of a novel invention, or if the material itself is novel, but this is no different than someone patenting richlite for fingerboards or new back/side wood on a guitar.

In fact, I am surprised that Dupont allows the use of its material in a whole class of product to be patented. Almost every jet engine made in the West includes Vespel parts - what if the first company to think of using Vespel as a bearing could have patented the Vespel bearing? It seems that would have been seriously detrimental to Dupont's business.

Guitar picks are small fry, and I don't know what Charmed Life's sales are compared to Blue Chip, but they are distinct products: Blue Chip make bevelled picks, while Charmed Life make radiused picks. It is no longer possible to buy a radiused Vespel pick, and will remain that way unless Blue Chip start making one. Not everyone who would have bought a Charmed Life will buy a Blue Chip, so this patent has negatively impacted Dupont's business.

Scott has said before that there are hundreds of engineering plastics that have never been used as a guitar pick, and he has investigated some. Should a pick maker like me or Scott really be able to point at an off-the-shelf material and patent it for use in our picks?

By all means, patent something new and innovative, but I find the claim that this kind of thing can be patented distasteful.

Cheers,
David
Nobody claimed this was a novel invention per se. The novelty is the use of the material and the changes that means to a pick. What it means, and what's been recognized by the USPTO is a novel application of the material and an admittedly minor innovation in picks. Enough to qualify for a patent obviously. If it's still confusing then I'd recommend you read my prior post. If you still don't get how this patent was approved and why then I'd recommend a study on Patents. As to your example, if in fact the material you pointed out hasn't yet been used for what you're applying it to (here it's guitar picks but it could be anything else) then yes, you may get a patent.

As the material in question here is itself a patented product the new patent claimer must refer to that material (which they did), claim a new use of that material (which they are), be the first to do so (apparently that applies here) and it's highly likely they're paying the original patent holder some sort of fee. Oh, they are also allowed now to LICENSE the use of their patent to others. Simply allowing others to do it without any attempt to enforce the Patent means they'd lose all of it.

Last edited by 619TF; 01-15-2020 at 02:27 PM.
Reply With Quote