Silly Idea?

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  • jackellis
    Veteran Member
    • Nov 2003
    • 2638
    • Tahoe City, CA, USA.
    • BT3100

    #16
    Loring and CWS, thanks for the refresher on patents. I'm not worried about rolling my own.

    The drawer lining idea was also helpful. My wife has scraps I can experiment with. Even at $6/roll for the premium version she likes, it has to be cheaper than the router mat I was considering.

    Of course, there's the opportunity cost of my time, but that's more than offset by the satisfaction of building something, however trivial?

    Comment

    • Ed62
      The Full Monte
      • Oct 2006
      • 6021
      • NW Indiana
      • BT3K

      #17
      I saw the hockey puck thing too. I think it was one of the user tips in one of the magazines.

      Ed
      Do you know about kickback? Ray has a good writeup here... https://www.sawdustzone.org/articles...mare-explained

      For a kickback demonstration video http://www.metacafe.com/watch/910584...demonstration/

      Comment

      • scmhogg
        Veteran Member
        • Jan 2003
        • 1839
        • Simi Valley, CA, USA.
        • BT3000

        #18
        I bought a couple of sets of Wolf Paws.

        http://woodworker.com/wolf-bench-paw...s&searchmode=2

        They really seem to work as advertised. They hold a lot better than the router mats I have.

        You can plane on them and they don't slip.

        Steve
        I would never die for my beliefs because I might be wrong. Bertrand Russell

        Comment

        • woodturner
          Veteran Member
          • Jun 2008
          • 2047
          • Western Pennsylvania
          • General, Sears 21829, BT3100

          #19
          Originally posted by LCHIEN
          You are permitted to make devices incorpoarting the features being patented for the purposes of investigation, reearch and development.
          With respect, that is a misunderstanding. Patent law restricts anyone from making the product for any reason:
          "This exclusivity allows the patent holder to prevent others from making, using, selling, offering to sell, or importing the patented item. " (emphasis added)
          http://www.tannedfeet.com/patent_law.htm

          Generally, patents are issued with broad claims. If one feels that the patent contains prior art, is obvious, or otherwise invalid, the process is to litigate to have the patent invalidated.
          --------------------------------------------------
          Electrical Engineer by day, Woodworker by night

          Comment

          • woodturner
            Veteran Member
            • Jun 2008
            • 2047
            • Western Pennsylvania
            • General, Sears 21829, BT3100

            #20
            Originally posted by cwsmith
            You cannot take someone's patent and produce it commercially for sale to others. But certainly you can produce the "idea" for your own use.
            I think you may be confusing copyrights and patents. There is no "fair use" provision in patent law, only in copyright law. A patent legally prohibits anyone from making or using the idea without the written agreement of the patent owner. It is a violation of patent law to make anything that is patented.
            --------------------------------------------------
            Electrical Engineer by day, Woodworker by night

            Comment

            • woodturner
              Veteran Member
              • Jun 2008
              • 2047
              • Western Pennsylvania
              • General, Sears 21829, BT3100

              #21
              Originally posted by LCHIEN
              Certainly you will not be the target of prosecution for patent infringment for making one set for use in your basement. In any case, it would not be worth the prosecution effort to recover damges, what would they get, a Dollar or less for royalties on a $12 item if they licensed it?
              I'm sure that's what the woodworker who made the clamp thought.

              The patent holder must defend all infringement, or he loses his rights. If he is aware of even a single infrigement and does not license or litigate, other opponents can cite that example to have his patent rights nullified. So, while it may seem senseless to prosecute a woodworker over a $12 item, the motivation is that they are protecting their licensing agreements.

              In those cases, though, they usually can resolve those matters informally. The patent holder sends a letter ordering the infringer to stop infringing, destroy all copies, and provide proof that has been done.
              --------------------------------------------------
              Electrical Engineer by day, Woodworker by night

              Comment

              • cabinetman
                Gone but not Forgotten RIP
                • Jun 2006
                • 15216
                • So. Florida
                • Delta

                #22
                Originally posted by woodturner
                I'm sure that's what the woodworker who made the clamp thought.
                What case was that?
                .

                Comment

                • Bruce Cohen
                  Veteran Member
                  • May 2003
                  • 2698
                  • Nanuet, NY, USA.
                  • BT3100

                  #23
                  To answer this question in an nutshell.

                  I was given a 4 pack of Bench Cookies by a friend, probably right when they first went on sale. Put the cylinder containing the cookies on a shelf in the shop.

                  Until this thread, I realized that I own them.

                  Guess they're not terribly important, as I still have never used/needed them.

                  Just another way to spend your money, and usually. I'll buy anything if it looks neat.

                  Bruce
                  "Western civilization didn't make all men equal,
                  Samuel Colt did"

                  Comment

                  • All Thumbs
                    Established Member
                    • Oct 2009
                    • 322
                    • Penn Hills, PA
                    • BT3K/Saw-Stop

                    #24
                    Originally posted by woodturner
                    It is a violation of patent law to make anything that is patented.
                    http://en.wikipedia.org/wiki/Research_exemption
                    In 2002, the Court of Appeals for the Federal Circuit dramatically limited the scope of the research exemption in Madey v. Duke University, 307 F.3d 1351, 1362 (Fed. Cir. 2002). The court did not reject the defense, but left only a "very narrow and strictly limited experimental use defense" for "amusement, to satisfy idle curiosity, or for strictly philosophical inquiry." The court also precludes the defense where, regardless of profit motive, the research was done "in furtherance of the alleged infringer’s legitimate business." In the case of a research university like Duke University, the court held that the alleged use was in furtherance of its legitimate business, and thus the defense was inapplicable.
                    Reads like it is okay as long as you are doing it for your own amusement/idle curiosity.

                    That is, if you are in the business of making a competing bench cookie, you can't make one of Rockler's.

                    But if you just seem them and think, "that is kind of nice, I wonder if I could make one," it is probably okay. As long as you don't sell them?

                    I don't know. I really doubt it is an issue.
                    Last edited by All Thumbs; 10-18-2010, 10:37 AM.

                    Comment

                    • leehljp
                      Just me
                      • Dec 2002
                      • 8479
                      • Tunica, MS
                      • BT3000/3100

                      #25
                      Originally posted by Bruce Cohen
                      To answer this question in an nutshell.

                      I was given a 4 pack of Bench Cookies by a friend, probably right when they first went on sale. Put the cylinder containing the cookies on a shelf in the shop.

                      Until this thread, I realized that I own them.

                      Guess they're not terribly important, as I still have never used/needed them.

                      Just another way to spend your money, and usually. I'll buy anything if it looks neat.

                      Bruce
                      Bruce,

                      For different people, those things are either useless or useful.

                      I don't have any, but I use spacers to keep fine work off of the table or workbench. I do try to keep the table/workbench clean, but small scratchy items do make unannounced entrances and leave their mark. Not always, but they are unpredictable. So for me, spacers keep the work off of the main table and also allow me to rotate or move the work to some degree without a little gritty scratch or two showing up.

                      They are just insurance for me. Also as mentioned earlier if they are high enough, they allow clamps to be used.
                      Hank Lee

                      Experience is what you get when you don't get what you wanted!

                      Comment

                      • radhak
                        Veteran Member
                        • Apr 2006
                        • 3061
                        • Miramar, FL
                        • Right Tilt 3HP Unisaw

                        #26
                        Originally posted by jackellis
                        Rockler's bench cookies look like a cool idea but I can't bring myself to pay $12 for a set when they seem simple enough to make, I typically need more than 4, and I might want some that are more than 1" thick.

                        Apparently the rubber surface is similar to the material used for router mats. I'm planning to use scrap tigerwood decking for the pucks. Any thoughts on what adhesive to use?
                        No, not silly at all, at least to me. I've been thinking about exactly on those lines, and I do have a router mat. The only reason I have not actually done it is that I felt any such would be a better success if the inner material (wood or anything else) was a bit heavy, instead of light-weight pine or such. Is tigerwood heavier?

                        But seeing that I have thunk about it for so many months and not done anything about it, its obvious I have over-analyzed it as always.

                        I would just use Gorilla glue to begin with, and look for other if it does not work out.

                        As for the patent thing, I am not going to be bothered with it unless I see a formal letter from somebody; so if I see something I could replicate in my workshop to save money or even for the thrill of it, I will. My assumption is that if somebody finds me a real threat to their business they will take the trouble of contacting me with a cease-and-desist, at which point I will think about it .

                        So Jack, please post pictures if you manage to get somewhere with your effort soon.
                        It is the mark of an educated mind to be able to entertain a thought without accepting it.
                        - Aristotle

                        Comment

                        • pelligrini
                          Veteran Member
                          • Apr 2007
                          • 4217
                          • Fort Worth, TX
                          • Craftsman 21829

                          #27
                          Originally posted by radhak
                          The only reason I have not actually done it is that I felt any such would be a better success if the inner material (wood or anything else) was a bit heavy, instead of light-weight pine or such. Is tigerwood heavier?
                          I don't think the mass of them would make much of a difference, be it a heavy or light material. The big factors are the coefficients of friction from the surface material.
                          Erik

                          Comment

                          • LCHIEN
                            Internet Fact Checker
                            • Dec 2002
                            • 21155
                            • Katy, TX, USA.
                            • BT3000 vintage 1999

                            #28
                            i sent quite a bit of time last night searching the US Patent site for Rockler patents, or those assigned to the Rockler Co. of Medina MN.

                            I now know the names of their primary inventors (I guess these are the design guys working on them) and their patent attorneys. They have about 5 patents recently applied for and a few more already issed over the last say 7-8 years, includling that door hanging thing for finishing that uses the Eurohinge recess.

                            So anyway most of their patents appear to be what they call design patents, which are not so much on the apparatus but appearance features, like, blue, cylindircal, with convex sides and black dimpled rubber anti-slip on top and bottom.

                            So While i did not find one specifically for bench cookies i'm betting that their patent is to prevent someone from making a look alike knock off, not a functional equivalent.

                            Not finding a patent application on file means that either they have filed too recently to be part of the on-line database, or its in someone elses name (besides assigning ownership to rockler and or by their most prolific employees) or they really haven't applied for one yet (and probably won't since sale of product without prior appying for a patent loses patent rights).

                            P.s. what's wrong with this patent illustration picture?
                            Attached Files
                            Last edited by LCHIEN; 10-18-2010, 11:40 PM.
                            Loring in Katy, TX USA
                            If your only tool is a hammer, you tend to treat all problems as if they were nails.
                            BT3 FAQ - https://www.sawdustzone.org/forum/di...sked-questions

                            Comment

                            • pelligrini
                              Veteran Member
                              • Apr 2007
                              • 4217
                              • Fort Worth, TX
                              • Craftsman 21829

                              #29
                              My cookies say Pat Pend as well as some of the artwork on their website:

                              Erik

                              Comment

                              • woodturner
                                Veteran Member
                                • Jun 2008
                                • 2047
                                • Western Pennsylvania
                                • General, Sears 21829, BT3100

                                #30
                                Originally posted by LCHIEN
                                i sent quite a bit of time last night searching the US Patent site for Rockler patents, or those assigned to the Rockler Co. of Medina MN.
                                Thanks for doing the research. As I said earlier, I have not read their patents, so my comments were based on general patent law and my experience as a patent holder, patent assigner, and patent defender.

                                I was just trying to give a "heads up" to a possible risk. Just sharing information, it's up to the individual to decide how to use that information.

                                Originally posted by PELLIGRINI
                                My cookies say Pat Pend as well as some of the artwork on their website:
                                Based on Loring's research, I wonder if they are just trying to discourage copies. If their only patents are design patents, they have little or no ability to claim infringement for functional equivalents of a different "design". Putting "patent pending" on a product will scare off many potential infringers and is a common tactic for that reason. If patents are pending, that fact must be stated on products produced and sold to protect the patent rights.
                                --------------------------------------------------
                                Electrical Engineer by day, Woodworker by night

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