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The Magic Cafe Forum Index :: The workshop :: Patent rights (0 Likes) Printer Friendly Version

Good to here.
Killed_CZ
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Czech republic, Prague
173 Posts

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Hi,

as I get on one builder that builds origami and other Jim Steinmeyers illusions and I am sure (answer from Jim Steinmeyer) they don't have rights to that I asked them, if it is builded up with rights from Jim Steinmeyer and the answer was : Those are illusions constructed by us and if you want to have original go to Steinmeyer directly and buy the illusion from him ( hmm they even don't know that the builders with rights are John Gaughan or Wellington (as said on http://www.magicauction.com/IllusionHotl......ghts.htm )).

Are the american patents for whole world ? Or are there any chances that thay can build it, sell it and not to be involved ?

Thanks for reply
Cliffg37
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Long Beach, CA
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I don't know exactly how to answer your question, other than to give you an example. SOme years ago a company in europe came out with a Barbie doll. It was not even a knock-off, but an actual barbie doll. The theme was one that many people found offensive for its' sexual nature. Matel of course was upset and tried to sue the company responsible. The best Matel could do was block shipping and sales in this country. That is all they could do, the dolls could still be maufactured and sold in other places. Persoanlly I think it is lousey, but I didn't write the laws.
Magic is like Science,
Both are fun if you do it right!
Stuart Coyle
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Australia
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It's not lousy. It's just that your laws do not apply to the rest of the world. Nor should they.

In any case, between countries, patents are enforced only by international agreements and treaties. There are no worldwide patents even though there is a World Intellectual Property Organisation. See here: http://www.wipo.int/patentscope/en/patents_faq.html
Cliffg37
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I did not mean to suggest that everyone should follow U.S. law, that would be incredibly arrogant. I was saying that it is sad that someone can use the cover of another country to be a thief.
Magic is like Science,
Both are fun if you do it right!
cfrye
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Portland, Oregon, USA
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US patents only apply in the US. If someone were to import into the US an Origami built by an unlicensed builder and then sell it, then Jim Steinmeyer would have a cause of action against the US-based seller. You have to apply for a patent in each country where you want protection...I don't think the European Union has a unified patent protection regime.


Curt
Stuart Coyle
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Cliff I wasn't seriously suggesting you were being that arrogant. I was really meaning to point out that it's actually a good thing that laws must have boundaries, despite the problems with IP. Sorry if I was a bit abrupt.

Cheers,
Stuart Coyle
Killed_CZ
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Czech republic, Prague
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Stuart, Curt and Cliff .. thanks for your reply, as I see, they will be able to use someones invention without any permission :- I will ask some lawyers in my country Smile

I have searched at United States Patent and Trademark Office and I found that :

http://patimg2.uspto.gov/.piw?Docid=D034......rst+page

There is written :

Filed : Mar. 23, 1992
Term : 14 yers

So .. this means anybody can build it without permission now ?
cfrye
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Very possibly. If the patent has expired, I believe the method is no longer protected (I'm not a lawyer).
Killed_CZ
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Czech republic, Prague
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Does anyone know how it is ? Smile
blink_inc
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Hamilton
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Call a lawer.
Bottom line.
I am a Sankey addict....please, help me!

My name is Will, my company is Blink, an experience in transposition.
Tom Bartlett
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Our southern border could use
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Quote:
On 2007-02-27 00:35, Killed_CZ wrote:
Stuart, Curt and Cliff .. thanks for your reply, as I see, they will be able to use someones invention without any permission :- I will ask some lawyers in my country Smile

I have searched at United States Patent and Trademark Office and I found that :

http://patimg2.uspto.gov/.piw?Docid=D034......rst+page

There is written :

Filed : Mar. 23, 1992
Term : 14 yers

So .. this means anybody can build it without permission now ?


It was 14 years from 1994. It will not be in public domain until 2008.
Our friends don't have to agree with me about everything and some that I hold very dear don't have to agree about anything, except where we are going to meet them for dinner.
Killed_CZ
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Czech republic, Prague
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Tom: You are right, I didn't notice the "date of patent" .... so it seems that it takes about two years to have the patent registred. Thanks for specification Smile
haywire
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Philadelphia
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Can someone clarify does this mean that this illusion becomes public domain (anyone can build or perform it) in 2008?

I'm not that interested in performing oragami but I am and have been very interested in Interlude...

I've always wanted to do interlude but I could never afford an officially liscenced one, and I didn't want to get in any hot water using a ripoff.
Was interlude ever patented and if so, will be become public domain ever?

Steven
Killed_CZ
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Czech republic, Prague
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http://cgi.ebay.com/Interlude-Illusion-P......ViewItem

Quotation : "NOTE: These plans are by Jeff Davis and Magic And More (NOT by originator Jim Steinmeyer) I picked these up at a magic convention, and am not sure if they are authorized or not." ... lol Smile
haywire
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Philadelphia
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I beleive these are unauthorized... Anyone else know for sure?

Steven