HAWGHUNNA

Lure Patents

9 posts in this topic

Say a company has (had) a popular lure/plug and the company is now extinct,if indeed this plug was patented...would the patent still be in effect ?

And if the patent were no longer good,could the same name for the bait be used...maybe spelled differently?

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Terry, LooksLikeSinbad had a patent question recently, his plight was a little different, but the overall board advice to him was to be careful, and contact a patent attorney, you guys might be able to compare notes, split costs, etc, and actually be informed as opposed to guessing! Good luck with it.

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If you would like i could ask my step father he is a lawyer!

I think the ex-owner of the company would still own patent thought only company went under not patent

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As I understand it Patents generally have a life and I don't recall right off hand what that is. You might google "life of a patent" and see what you come up with.

Jed V.

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The life of the patent just got extended to (I believe?) 20 years. But I believe if the patent was filed before 1995 then it only recieved 17 years protection maximum.

Well worth looking into if you plan on going into production of an old lure. Sit down with a patent attorney and get the REAL answers from him.

Just my :twocents:

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Okay, My non-professional understanding.

Utility patents last 20 years.

Design patents last 14.

Trademark rights, whether or not, registered, are only effective if you are actively using in business AND defend them.

Copyrights last as long as the holder lives plus a little more.

Clemmy

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Patents and copyrights are worth only as much as the owner is willing to pay to defend them by hiring expensive lawyers. Practically speaking, that means nothing in most cases. But if you infringe, you might get lucky and be the exception to the rule, especially if your knockoff is a big success. Howver, looking at how rapidly every successful fishing lure is knocked off by competitors, the risk must be pretty miniscule.

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I spent about $15,000 to a patent lawyer on my own design and after so much confusion all i wound up with was a cheap design patent that i can't afford to protect. Good luck !

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