Patterns/Templates Copy Right

[ToddW]

I have been intrigued here as well.  I am a hobbierst with the hopes of selling things I make.  I typically look around for free pattens with a rare purchase of a pdf plan I really like.  Looking at a lot of the wallets, its clear that there are styles many use and sell.  No clue if that was ever protected.  When I started looking at some of the computer satchel bags, I like the saddleback style which clearly don't have plans out there.  One can use the style to make the bags and  utilize the general measurements.  Not sure if that breaches anything protected but did find a few patents Saddleback has filed such as this one:

https://pdfpiw.uspto.gov/.piw?Docid=D0777423&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO2%26Sect2%3DHITOFF%26p%3D1%26u%3D%252Fnetahtml%252FPTO%252Fsearch-bool.html%26r%3D31%26f%3DG%26l%3D50%26co1%3DAND%26d%3DPTXT%26s1%3Dsaddleback%26OS%3Dsaddleback%26RS%3Dsaddleback&PageNum=&Rtype=&SectionNum=&idkey=NONE&Input=View+first+page

So.. I guess the question is whether a change really makes it ok.  For example, remove a buckle or a strap or do you have to change the functionality.  As an example, Saddleback does allow for a lot of their bags to be converted to backback from shoulder strap.  Does removing the backpack functionality change the functionality?  What is ironic is that Saddleback made a video how to copy thier bags but they went through the cost to protect them with a patent.  Sachels have been around for a long time and there is only so much you can do to change them.. buckle style, rivits for strength, shape of straps or reinforcement, etc..   I look at wallets and bags nonstop through google searches or you tube and gravitate to certain styles.  As an example, I like lean bags without a lot of tooling and I don't like zippers.  that typically guides you to one group or another. I hand cut and hand sew my stuff although starting to look at clickers and laser cutting for consistency.  I'm just not sure how close to a style you can get without tickling patent or protection.  I don't have any interest in selling patterns but I do have an interest in selling my stuff once I feel the quality is good enough to sell.

For my question.. using the above design patent for a pistol wrap, is it really a matter of just changing something?  one could just remove the leather loop holder which would be a change bur retain basic function.

[dragonhawke]

That link only shows first page of patent, but the patent number is not found at the USPTO.

 

TSK, never mind figured out how to use the page

Edited January 18, 2022 by dragonhawke

[ToddW]

I just did a search for "saddleback" at uspto.gov and got to his patents.  Here is one for a tote.

 

https://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=45&f=G&l=50&co1=AND&d=PTXT&s1=saddleback&OS=saddleback&RS=saddleback

 

 

[alpha2]

The tote is interesting. Considering the sheer number of different "styles" of totes being made and sold today, I would think that something quite similar to Saddleback's has already been patented. Maybe not, but for cryin' out loud, it's a tote! I don't know what it costs to patent something like that, but I hope it was worth it.

[ToddW]

I guess that is my point.  That is a simple tote.  They also have a leather pen wrap, iphone case, etc..  All of which seems pretty common place.  I also see Saddleback has a youtube how to knock off their bags..

 

Anyway, I just don't understand how some of this stuff could get a patent when bags and wallets have been made for years..

 

[mariuspirvu]

If the patterns are distributed under a commercial license then you are most likely allowed to sell what you make. Under any license, even under the general public license one can't sell the pattern because it would assume you have ownership of said intellectual property. It's very much the case with software, 2D and 3D assets too where you can get a user license or an extended commercial one which will most often add to the price and where the owner will also ask to be credited for his work.

[DrmCa]

Some patterns are sold with the express caveat that you are only allowed to make any number of the item for your own use but not mass-produce it for sale. It is a license like any other one: when you pay for the product (pattern) you agree to abide by the license.

[ToddW]

My lines of questions were along making the bags and selling them and not really around selling or distributing the patterns.  As with the tote example above from Saddleback.  What makes a tote different than most of the totes out there and what change is enough to not tickle the Saddleback patent.  

[DrmCa]

You are really looking for legal advise that members of this forum are unlikely to be able to provide.

[chuck123wapati]

3 minutes ago, DrmCa said:

You are really looking for legal advise that members of this forum are unlikely to be able to provide.

yup