Onad
Since 04 Mar 2005
1435 Posts
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Thu Mar 02, 06 8:43 am The Skinny on Kite Patents from Bruno (finally) |
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Excerpt from kiteforum on kite design patents & associated royalties.
Lot’s of off topic chatter (read Fo Kitten a.k.a "OT"), police’n, & pimp’n to wade through (yours truly included), but by page six Bruno finally comes out with the low down. ~D
brunolgx wrote: | First, thanks to those who feel concerned with rewarding the inventors.
I just read this thread and see that almost everything was said about this topic. It clearly shows that the brands have two choices: take a license when they start selling their product or challenge the patent. Best's position is explained by its representatives on this thread: on one side, their Warro would be outside the patent, on the other side they will challenge the patent for some reasons.
What can I add ?
1/ Diamond White has applied for a French patent then an international patent for the bow kite concept. The process to get the French one is almost finished. There was no patent found by the Patent office that could cancel it.
Obviously, no doubt that some brands will try to demonstrate that the patent is not valid, it’s the game. As an example, there recently was an anonymous claim filed at the french patent office: it is claimed that since there are pictures of our prototypes on our website taken on a beach prior to the date of patent application, the object of the patent was public, so not patentable ! So my advice to any kite inventor is: make your tests on the moon, but on the hidden side only in case some telescopes could see you !
2/ as long as a patent or patent application is not void, the owner has the right to sue any brand that he supposes to be an infringer. The suit looser will pay damages to the winner.
3/ Best was not a licensee of the inflatable kite international patent that expired on November 2005
4/ Best is not a licensee of the 4-line inflatable kite french patent valid till 2017 (go to www.inflatablekite.com then Patent, “Control system…” PDF logo then Save if you want to read the full version of this patent)
5/ Best is not a licensee of the bow kite patent as they explained in this thread
6/ an inventor is not allowed by law to tell if a brand is infringing a patent or not, only a Judge can tell it. This applies to the three above mentioned patents.
7/ here is the list of Licensees that publicly offer bow kites:
Takoon, Cabrinha, Airush, EH, Star kites, KiteBillboards
Five other licenses were signed with brands that have not yet announced their bow kite
Talks are in hand with one large brand already on the market with a bow kite.
Bruno |
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