compo":1m1zu3dq said:
Does anyone understand patent applications?
If I make a similar table but without the rotation and the star filler, would I be likely to be in breach?
Not really a wood issue, but I think a real issue, especially for designer makers.
In terms of protection, a patent is worth nothing, it is a piece of paper confirming you were first, and that is it. Now, if you decide to sue someone for infringing the patent it's a very usefull thing to have. However, if you don't prosecute, it doesn't help.
I could make 50 of the things and put them in my garden, I'm sure they wouldn't care, though I'd be mightily proud of myself! If I were to then sell them they might take issue, and presuming they had kept up the payments to keep the patent valid (up to 10 years in the EU) they could try to prosecute me for the money they lost by not selling their tables as people had brought mine instead. To do this, they would have to prove in a court that my table was substantially equivalent to their patent by comparing their claims to my design, then I would end up paying the lost earnings (50 tables at lots each) plus leagal costs. However if I could show that I had made a change to the design that was not obvious (like chaning the colours) to someone 'skilled in the art' (like a cabinetmaker) then I would not have infringed their patent and would in fact have grounds for a patent myself, assuming I had not just sold a load of them, which means I had already made the invention public and therefore, not eligible for patent.
Patents exist to get people to share information, in a way that they benefit from it in the short term and we all benefit in the long run. The opposite of this is a trade secret, like the recipe for coke, how could you possibly stop people from copying it? You can't, so the solution is not to tell anyone, interestingly enough, if you try to conceal information, you can't have a patent either.
In terms of furniture designers, you can protect your designs by design registration (in the UK) or by patent (if it is novel and can be proven) but these things only help you if you are prepared to go to court over it.
Does that make sense?
Aidan