copying boats
11-12-2008, 04:45 AM
#1
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copying boats
Hey guys whats your take on copying boats like popular brands
I know its a breach of copyright but a lot of people do it just to lower cost mainly because of freight between countries
Just like to hear some views
I know its a breach of copyright but a lot of people do it just to lower cost mainly because of freight between countries
Just like to hear some views
11-12-2008, 05:21 AM
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RE: copying boats
We have the same problem in South Africa as we cannot ship many of the 'big name' gas boats here due to size restrictions etc.
There are some copied hulls around, but they have been copied from copies so it looks like the original and thats where it stops getting them setup and running is another story.
Or you could buy some China made hull which is copied from some Race winning hull, throw away the running gear you get with the boat...but that again is a copied hull.
Would be nice to get some decent molds - legally and reproduce some proper racings hulls as the demand for hulls are there and the racing scene fairly large.
Looking forward to see what other reply !
There are some copied hulls around, but they have been copied from copies so it looks like the original and thats where it stops getting them setup and running is another story.
Or you could buy some China made hull which is copied from some Race winning hull, throw away the running gear you get with the boat...but that again is a copied hull.
Would be nice to get some decent molds - legally and reproduce some proper racings hulls as the demand for hulls are there and the racing scene fairly large.
Looking forward to see what other reply !
11-12-2008, 09:37 AM
#3
RE: copying boats
Spashers are a life form lower than pond scum. They take the worth and what little profit is made from the original designer who bothered to design the boat, do all of the R&D work to get it right then make then have someone else make a poor copy of it.
The problem is all over the world. I was just reading an article on another R/C boat forum site where a well-known OB tunnel boat has had some splashes made and sold. Another here in the US is making copies of Aeromarine and Expresscraft boats, selling them on eBay.
Shipping anything internationally isn't cheap but in the long run you're better off as you will get what you paid for, not a boat that you'd have to rework then struggle to get it to handle worth a hoot.
The problem is all over the world. I was just reading an article on another R/C boat forum site where a well-known OB tunnel boat has had some splashes made and sold. Another here in the US is making copies of Aeromarine and Expresscraft boats, selling them on eBay.
Shipping anything internationally isn't cheap but in the long run you're better off as you will get what you paid for, not a boat that you'd have to rework then struggle to get it to handle worth a hoot.
11-12-2008, 09:57 AM
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RE: copying boats
Guys that sell hulls for 400 and up make plenty of money on them.I do agree splashing a hull that some one took lots of time and effort on is bunk.I do think some of the comp making some of the better hulls that have been out for some time should take the time to up date them a bit or people will start updating them their selves.Cost about 100 bucks to make a poly and matt cloth boat one color mabey less. In the 48 in range.
Allso when a mold gets old the comp will splash their own hull to make a new mold not start fom scratch agine so this would be the same as some one else doing it does not make the mold no good as long as the boat is stright ect.
Jake
Allso when a mold gets old the comp will splash their own hull to make a new mold not start fom scratch agine so this would be the same as some one else doing it does not make the mold no good as long as the boat is stright ect.
Jake
11-12-2008, 09:58 AM
#5
RE: copying boats
ORIGINAL: nvs motorsports
Hey guys whats your take on copying boats like popular brands
I know its a breach of copyright but a lot of people do it just to lower cost mainly because of freight between countries
Just like to hear some views
Hey guys whats your take on copying boats like popular brands
I know its a breach of copyright but a lot of people do it just to lower cost mainly because of freight between countries
Just like to hear some views
Boat design is not really subject to copyright protection, which usually pertains only to written works, music, etc.
Copyright is a form of protection provided by the laws of the United States
(title 17, U. S. Code) to the authors of “original works of authorship,†including
literary, dramatic, musical, artistic, and certain other intellectual works.
(title 17, U. S. Code) to the authors of “original works of authorship,†including
literary, dramatic, musical, artistic, and certain other intellectual works.
So in reality there are not truly any legal protections against making a copy of a boat. However, it is generally considered to be unethical and if it is obvious and blatent most in the hobby will look upon the copy, or "splash", with scorn.
It is a dicey thing since almost nothing in our boats is legally protected it becomes more or less a "gentlemen's agreement" not to copy designs. ANd once money gets involved those can go right out the window. bottom line is that the best protection most boat designers have are the people of the RC boat community who may avoid buying a splashed design.
11-12-2008, 10:03 AM
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RE: copying boats
ORIGINAL: Silent-AV8R
Boat design is not really subject to copyright protection, which usually pertains only to written works, music, etc.
The only protection that would apply would be patent protection. And that is a costly and laborious thing to obtain and it would be hard for an RC boat to demonstrate that it was unique enough to be granted a patent. Think about cars. Cars are not patented. But certain parts of a car can be (for instance, intermittent windshield wiper design). So for an RC boat you might be able to get a copyright on say the name, but it would be hard and costly to get a patent on the boat itself.
So in reality there are not truly any legal protections against making a copy of a boat. However, it is generally considered to be unethical and if it is obvious and blatent most in the hobby will look upon the copy, or "splash", with scorn.
It is a dicey thing since almost nothing in our boats is legally protected it becomes more or less a "gentlemen's agreement" not to copy designs. ANd once money gets involved those can go right out the window. bottom line is that the best protection most boat designers have are the people of the RC boat community who may avoid buying a splashed design.
ORIGINAL: nvs motorsports
Hey guys whats your take on copying boats like popular brands
I know its a breach of copyright but a lot of people do it just to lower cost mainly because of freight between countries
Just like to hear some views
Hey guys whats your take on copying boats like popular brands
I know its a breach of copyright but a lot of people do it just to lower cost mainly because of freight between countries
Just like to hear some views
Boat design is not really subject to copyright protection, which usually pertains only to written works, music, etc.
Copyright is a form of protection provided by the laws of the United States
(title 17, U. S. Code) to the authors of “original works of authorship,†including
literary, dramatic, musical, artistic, and certain other intellectual works.
(title 17, U. S. Code) to the authors of “original works of authorship,†including
literary, dramatic, musical, artistic, and certain other intellectual works.
So in reality there are not truly any legal protections against making a copy of a boat. However, it is generally considered to be unethical and if it is obvious and blatent most in the hobby will look upon the copy, or "splash", with scorn.
It is a dicey thing since almost nothing in our boats is legally protected it becomes more or less a "gentlemen's agreement" not to copy designs. ANd once money gets involved those can go right out the window. bottom line is that the best protection most boat designers have are the people of the RC boat community who may avoid buying a splashed design.
Jake
11-12-2008, 10:33 AM
#7
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RE: copying boats
If i was to get a branded hull and cut it down or make it longer / wider etc . then take a mold off it would that be a copy or considerd unethical ?....
some new boats are reworked proven hulls just modded .
some new boats are reworked proven hulls just modded .
11-12-2008, 10:37 AM
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RE: copying boats
ORIGINAL: madphil
If i was to get a branded hull and cut it down or make it longer / wider etc . then take a mold off it would that be a copy or considerd unethical ?....
some new boats are reworked proven hulls just modded .
If i was to get a branded hull and cut it down or make it longer / wider etc . then take a mold off it would that be a copy or considerd unethical ?....
some new boats are reworked proven hulls just modded .
Probely if you were the guy who made the boat in the first place you would feel that way LOL you just described the Stryker F41 and no one seems to be down on them.
If you change it that much it is not a splash but borrowed design elements but most likely people will call it a splash.
Jake
11-12-2008, 11:22 AM
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RE: copying boats
ORIGINAL: madphil
If i was to get a branded hull and cut it down or make it longer / wider etc . then take a mold off it would that be a copy or considerd unethical ?....
some new boats are reworked proven hulls just modded .
If i was to get a branded hull and cut it down or make it longer / wider etc . then take a mold off it would that be a copy or considerd unethical ?....
some new boats are reworked proven hulls just modded .
Mart
11-12-2008, 11:34 AM
#10
RE: copying boats
The problem that we run into is that almost any design is a variation of many others. We have rules in which we have to be within to be legal for racing so designs are limited. Scale hydro's are limited to size and should be as close as possible to the real thing with some liberties taken to make them drivable and handle correctly for R/C use.
Blatantly stealing someone else's design isn't cool, ethically or otherwise. If the boats were patented, it only takes 10% in changes to make it someone else's design.
It goes far beyond just hulls. How many ways are there to make a prop or rudder? Not many.
Blatantly stealing someone else's design isn't cool, ethically or otherwise. If the boats were patented, it only takes 10% in changes to make it someone else's design.
It goes far beyond just hulls. How many ways are there to make a prop or rudder? Not many.
11-12-2008, 11:36 AM
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RE: copying boats
In fact heres one such redesign see link ,exactly the same thing i did on my vee exept i used a discontinued design made some changes i think for the better and came up with my own design.Heres a pic of mine the bottom one is the older style the top one is the newer sleaker version shes also a tad wider and longer and a heck of a lot lighter.Ive made several changes to the design since the first plug was made and belive me theres a lot of work involved.At least i and Dana took the time effort and expense to change things and didnt blatantly copy a design like vern kilmer does.Theres loads of boat builders out there even well known companys and theyre all copying one anothers designs just flip any number of hulls upside down and you will see exactly what i mean.
[link]http://www.rcuniverse.com/forum/m_7927411/tm.htm[/link]
[link]http://www.rcuniverse.com/forum/m_7927411/tm.htm[/link]
11-12-2008, 11:43 AM
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RE: copying boats
I fully agree with you Ron,and your right there is only so many ways you can build a vee or a cat or any boat i supose so no ,matter what you come up with its bound to look like another design.Find what works and make one as near to it as possible has been the norm for a long time makes sense too,how many versions are there of the apache? 3, 4,5 maybe 6 lol.
Mart
Mart
11-12-2008, 12:54 PM
#13
RE: copying boats
I saw a wooden "Whiplash" racing at our last "Invitational" and was so impressed that I decided to build me a similar hydro. So I took measurements and a ton of pictures from the owner's boat. Of course I asked permission first. I am still fiddling around with the design in my CAD program. Basically I am designing a "Whiplash" look alike. It is not a small task, if you want to do it right. I don't consider myself being a "splasher" since I, more or less, reinvent the wheel. It's not that I am too cheap to pay for the wooden kit and all. Even if I am going to build it from scratch it'll cost me a couple hundred dollars, all in all. For me it is the challlenge of designing and building.
11-12-2008, 01:45 PM
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RE: copying boats
Same as im doing with the hydro mate ,i love to build just like you and if anyone thinks its easy theyre in for a big surprise especially when doing it from scratch.I can def see where Ron is coming from though on simply copying a design 100% and banging out copy after copy as thats just not right,but using a proven design as your inspiration and trying to improve it and even completeley change certain things to me isnt splashing .
Mart
Mart
11-12-2008, 02:53 PM
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RE: copying boats
One question....
Would you like for someone to copy your hard work & make money?
Even if it's a one off part, what are you going to do when you decide to get rid of your toys? You definitly ain't throwing it in the trash.... you're SELLING it.
Would you like for someone to copy your hard work & make money?
Even if it's a one off part, what are you going to do when you decide to get rid of your toys? You definitly ain't throwing it in the trash.... you're SELLING it.
11-12-2008, 03:25 PM
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RE: copying boats
yes but if it's a one off part built for you i think that's ok and i don't know anybody who has made money off a used boat when they were done with it as you say hard to make money on used boat stuff one off or brand name.to copy 100% someone esles hard work for your profit is flat out wrong any way you cut it. to make parts or even whole boats to change them into a differrent part or boat ,or to try different stuff your self i think that's ok.it's not ok to sell somelses stuff for your self
11-12-2008, 04:33 PM
#17
RE: copying boats
Several poster in this forum probably remember when I designed and built my first hydro and posted my progress here on RCU. After that I have been asked by numerous people if I would share my plans with them. I did. I e-mailed them my AutoCad plans and didn't even think about asking for any compensation.
11-12-2008, 07:11 PM
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RE: copying boats
ORIGINAL: martno1fan
No its not a splash you put in some hard work changed the basic design and made yourself a new boat,ive done it and know the work involved .That said i would never blatantly copy anyone elses design,i am planning to do a hydro next and have the designers permision to use the basic design to make a few mods to and come up with my own variation.Interestingly theres a lot of falcon cats on here and arent those done this way the bottom is almost identicle to a cpl of cats out there arent they ?.
Mart
ORIGINAL: madphil
If i was to get a branded hull and cut it down or make it longer / wider etc . then take a mold off it would that be a copy or considerd unethical ?....
some new boats are reworked proven hulls just modded .
If i was to get a branded hull and cut it down or make it longer / wider etc . then take a mold off it would that be a copy or considerd unethical ?....
some new boats are reworked proven hulls just modded .
Mart
Jake
11-12-2008, 07:25 PM
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RE: copying boats
Yea your right the dimensions are different but the basic design is the same,but my main point was that most of the well known boat manufaturers do more splashing than anyone ,apaches are a good example also called makara over here as some well known builder supplier decided to copy that one and change its name!! very orriginal 
at least some guys have the skill to at least change the design before calling it theire boat.Arrowshark,delta,,flying dragon ,lynx all the same boat different name and the list goes on and on.Ive not seen many new vee designs that dont resemble an older one either to be totally honest.
Mart
at least some guys have the skill to at least change the design before calling it theire boat.Arrowshark,delta,,flying dragon ,lynx all the same boat different name and the list goes on and on.Ive not seen many new vee designs that dont resemble an older one either to be totally honest.Mart
11-12-2008, 10:45 PM
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RE: copying boats
Yes the design of boats has gone a bit stale of late im currently tooling up for about 4 different models at the moment
I realise they may be copied dont mind so much if its in another country id even supply an extra thick plug for them to tool off an get it right
But when its joe blow in the same country id get a bit angry to the point of legal as i have copyrighted them an they protected under my trademark
I realise they may be copied dont mind so much if its in another country id even supply an extra thick plug for them to tool off an get it right
But when its joe blow in the same country id get a bit angry to the point of legal as i have copyrighted them an they protected under my trademark
11-12-2008, 11:39 PM
#21
RE: copying boats
ORIGINAL: nvs motorsports
But when its joe blow in the same country id get a bit angry to the point of legal as i have copyrighted them an they protected under my trademark
But when its joe blow in the same country id get a bit angry to the point of legal as i have copyrighted them an they protected under my trademark
Your laws must be different from ours over here. In the US you could copyright the nmae, and perhaps Trademark the name. But the actual design would need patent protection.
Here are the US laws: http://www.uspto.gov/
Trademark:
What Is a Trademark or Servicemark?
A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark†and “mark†are commonly used to refer to both trademarks and servicemarks.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the USPTO. The registration procedure for trademarks and general information concerning trademarks is described on a separate page entitled “Basic Facts about Trademarks†(http://www.uspto.gov/web/offices/tac/doc/basic/).
A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark†and “mark†are commonly used to refer to both trademarks and servicemarks.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the USPTO. The registration procedure for trademarks and general information concerning trademarks is described on a separate page entitled “Basic Facts about Trademarks†(http://www.uspto.gov/web/offices/tac/doc/basic/).
What Is a Copyright?
Copyright is a form of protection provided to the authors of “original works of authorship†including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.
The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.
Copyright is a form of protection provided to the authors of “original works of authorship†including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.
The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.
What Can Be Patented
The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained.
In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,†subject to the conditions and requirements of the law. The word “process†is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term “machine†used in the statute needs no explanation. The term “manufacture†refers to articles that are made, and includes all manufactured articles. The term “composition of matter†relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.
The patent law specifies that the subject matter must be “useful.†The term “useful†in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.
Interpretations of the statute by the courts have defined the limits of the field of subject matter that can be patented, thus it has been held that the laws of nature, physical phenomena, and abstract ideas are not patentable subject matter.
A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.
The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained.
In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,†subject to the conditions and requirements of the law. The word “process†is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term “machine†used in the statute needs no explanation. The term “manufacture†refers to articles that are made, and includes all manufactured articles. The term “composition of matter†relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.
The patent law specifies that the subject matter must be “useful.†The term “useful†in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.
Interpretations of the statute by the courts have defined the limits of the field of subject matter that can be patented, thus it has been held that the laws of nature, physical phenomena, and abstract ideas are not patentable subject matter.
A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.
11-12-2008, 11:48 PM
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RE: copying boats
ORIGINAL: Silent-AV8R
Your laws must be different from ours over here. In the US you could copyright the nmae, and perhaps Trademark the name. But the actual design would need patent protection.
Here are the US laws: http://www.uspto.gov/
Trademark:
Copyright:
And a patent:
People tend to use these three terms almost interchangeably, and they mean distinctly different things, at least in the US. As I said, at least here it would be fairly onerous to protect a RC boat design. So we are left to having the boating community self police itself and heap scorn on those that stoop to splashing designs. But that has to be tempered with the understanding that there really is only so much variability that can be had given that all boats and parts are purpose designed which tends to make them very similar. Like I've said, there is a reason that all hammers look pretty much the same. The job defines the tool
ORIGINAL: nvs motorsports
But when its joe blow in the same country id get a bit angry to the point of legal as i have copyrighted them an they protected under my trademark
But when its joe blow in the same country id get a bit angry to the point of legal as i have copyrighted them an they protected under my trademark
Your laws must be different from ours over here. In the US you could copyright the nmae, and perhaps Trademark the name. But the actual design would need patent protection.
Here are the US laws: http://www.uspto.gov/
Trademark:
What Is a Trademark or Servicemark?
A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark†and “mark†are commonly used to refer to both trademarks and servicemarks.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the USPTO. The registration procedure for trademarks and general information concerning trademarks is described on a separate page entitled “Basic Facts about Trademarks†(http://www.uspto.gov/web/offices/tac/doc/basic/).
A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark†and “mark†are commonly used to refer to both trademarks and servicemarks.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the USPTO. The registration procedure for trademarks and general information concerning trademarks is described on a separate page entitled “Basic Facts about Trademarks†(http://www.uspto.gov/web/offices/tac/doc/basic/).
What Is a Copyright?
Copyright is a form of protection provided to the authors of “original works of authorship†including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.
The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.
Copyright is a form of protection provided to the authors of “original works of authorship†including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.
The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.
What Can Be Patented
The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained.
In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,†subject to the conditions and requirements of the law. The word “process†is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term “machine†used in the statute needs no explanation. The term “manufacture†refers to articles that are made, and includes all manufactured articles. The term “composition of matter†relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.
The patent law specifies that the subject matter must be “useful.†The term “useful†in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.
Interpretations of the statute by the courts have defined the limits of the field of subject matter that can be patented, thus it has been held that the laws of nature, physical phenomena, and abstract ideas are not patentable subject matter.
A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.
The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained.
In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,†subject to the conditions and requirements of the law. The word “process†is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term “machine†used in the statute needs no explanation. The term “manufacture†refers to articles that are made, and includes all manufactured articles. The term “composition of matter†relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.
The patent law specifies that the subject matter must be “useful.†The term “useful†in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.
Interpretations of the statute by the courts have defined the limits of the field of subject matter that can be patented, thus it has been held that the laws of nature, physical phenomena, and abstract ideas are not patentable subject matter.
A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.
Jake
11-13-2008, 12:34 AM
#23
RE: copying boats
The problem is that nobody bothers to patent their boat designs as it is costly. If it splashed overseas, lotza luck Charlie trying to sue.
I hate to use Vern as an example but he's an obvious one to most members in here. His boats on the outside might appear to be an Expresscraft or Aeromarine but anybody who has ever seen the real thing before will know the difference.
If I were to rip off a hull design, I'd shoot for a good competitive one. Seaducer has special molds made that compensate for any shrinkage or warpage that will occur while the resin hardens which making a splash of them very difficult to do correctly.
Now, if you decide that you must make a mold from an exisitng hull, we're not going to be flying down to South Africa knocking on your door. Let your conscience be your guide. You must be feeling something otherwise you wouldn't have come in here asking us for our input.
I hate to use Vern as an example but he's an obvious one to most members in here. His boats on the outside might appear to be an Expresscraft or Aeromarine but anybody who has ever seen the real thing before will know the difference.
If I were to rip off a hull design, I'd shoot for a good competitive one. Seaducer has special molds made that compensate for any shrinkage or warpage that will occur while the resin hardens which making a splash of them very difficult to do correctly.
Now, if you decide that you must make a mold from an exisitng hull, we're not going to be flying down to South Africa knocking on your door. Let your conscience be your guide. You must be feeling something otherwise you wouldn't have come in here asking us for our input.
11-13-2008, 01:33 AM
#24
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RE: copying boats
Thats true copyright is different country to country
Im all for splashing an flopping as long as its a good copy an its far away from original maker it makes sense why pay for the freight plus in the long run it just makes that model more popular for the original maker an designer
i have a copy of a Apache hull its nots brilliant but the bottom is dead straight but i use it to make cheap boats to get people into sport
In australia if you design something an have details designs pictures and dates you own the copyright for 75 yrs
Now if i put a serial number an brand name which i have trademarked im also covered in australia which yes i paid for but was not to expensive $2000 for 10 yrs
Im all for splashing an flopping as long as its a good copy an its far away from original maker it makes sense why pay for the freight plus in the long run it just makes that model more popular for the original maker an designer
i have a copy of a Apache hull its nots brilliant but the bottom is dead straight but i use it to make cheap boats to get people into sport
In australia if you design something an have details designs pictures and dates you own the copyright for 75 yrs
Now if i put a serial number an brand name which i have trademarked im also covered in australia which yes i paid for but was not to expensive $2000 for 10 yrs
11-13-2008, 01:36 AM
#25
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RE: copying boats
That is where the big manufactures get you is with the tag inside the boat if it does not have their tag its not genuine article
If your stupid enough to put their tag in copied boat well you will get sued for trademark infrigment if they have a trade mark which im sure Aeromarine does
If your stupid enough to put their tag in copied boat well you will get sued for trademark infrigment if they have a trade mark which im sure Aeromarine does