Smart Parts Patent, wait a minute!!
- Thread starter Andy-Yorkshire-Paintball
- Start date
Ok, here's the facts which I got today from a UK patent solicitor.
Smart Parts have obviously Patented the Electro Paintball Marker (Whether it's the switch, battery, or whatever). The US patent office has obviously accepted this without challenge.
The fact that there were electro markers before Smart Parts came into existence is enough to get the patent "Revoked" in the US.
Good news!!, Not really
Apparently to succesfully "Revoke" a patent in the US is unbelievably expensive. No doubt vastly more expensive than setteling out of court.
Ok, so what about UK companies selling to the US.
A UK manufacturer of an electro marker would be in infringement of Patent by exporting to the US. The buyer in the US would also be infringing the Patent.
A UK shop selling an electro marker to the US (even if the marker was made in China) would be an accessory to the Patent infringement made by the person importing it.
So how will it effect us in the UK.
Not as much as you would think.
The only time we would be effected by the Patent is if we were to buy US manufactured or sourced electro markers which would have been subject to the increase in cost due to any settlement.
Not sure how the sale of an electro trigger frame to the US would stand. If anyone in the US had the Patent to the electronic trigger then it would be subject to the same as above.
So there you go, you have to take your hats off to Smart Parts who appear to have played the system to perfection. What excellent business men!
Wonder if anyone will try it with paint, that will make things interesting!!
Andy
Smart Parts have obviously Patented the Electro Paintball Marker (Whether it's the switch, battery, or whatever). The US patent office has obviously accepted this without challenge.
The fact that there were electro markers before Smart Parts came into existence is enough to get the patent "Revoked" in the US.
Good news!!, Not really
Apparently to succesfully "Revoke" a patent in the US is unbelievably expensive. No doubt vastly more expensive than setteling out of court.
Ok, so what about UK companies selling to the US.
A UK manufacturer of an electro marker would be in infringement of Patent by exporting to the US. The buyer in the US would also be infringing the Patent.
A UK shop selling an electro marker to the US (even if the marker was made in China) would be an accessory to the Patent infringement made by the person importing it.
So how will it effect us in the UK.
Not as much as you would think.
The only time we would be effected by the Patent is if we were to buy US manufactured or sourced electro markers which would have been subject to the increase in cost due to any settlement.
Not sure how the sale of an electro trigger frame to the US would stand. If anyone in the US had the Patent to the electronic trigger then it would be subject to the same as above.
So there you go, you have to take your hats off to Smart Parts who appear to have played the system to perfection. What excellent business men!
Wonder if anyone will try it with paint, that will make things interesting!!
Andy
As i said before, Ive got the same book. Dug it out today and this is what it says:
"A battery-operated electrically triggered firing mechanism allows remote firing as an anti personnel mine"
This was first published in 1991 so obviously does pre-date 1993 however, maybe SP argued that because it was 'remote firing' it wasnt the same as an actual trigger in the hand.
As Andy has said, this might be enough to overturn the ruling but who has enough money to really fight it? If you can settle out of court and pay a small royalty to SP and this works out cheaper than fighting, unfortunatley, why bother? Yes there's principle involved but sometimes even the most principled people have to swallow a decision they dont agree with. At the end of the day the only people who really win are the lawyers!
If you really want to hurt SP then buy British (Angel's, E-Blade Coccker and Infernos) and if you really must buy American dont buy the electronic version of a marker.
Any one noticed that should smarts win it would not affect WGP.
Even in US law SP cannot do anything about e-frames. Their patents cover the whole marker as one unit. E-frames are conversion kits and thus have independant patents. Could be why WGP went for a 3rd party frame as opposed to building their own. SP may be putting themselves in a better financial position, but I think SP have realised that they cannot get every company under their thumb and are getting what they can while they can
Even in US law SP cannot do anything about e-frames. Their patents cover the whole marker as one unit. E-frames are conversion kits and thus have independant patents. Could be why WGP went for a 3rd party frame as opposed to building their own. SP may be putting themselves in a better financial position, but I think SP have realised that they cannot get every company under their thumb and are getting what they can while they can
I heard somewere that they have a patent on e grip kits as well. But have they ever produced one? I don't think so.
Its on schedule for them to have the Grip patents too....
But if you want prior art then here it is:
http://paintballmuseum.org/museum/CCI (Component Concepts, Inc.)/Phantom Revolution/phantom_semi_catalog_ad.jpg
and
This is prior art.
But if you want prior art then here it is:
http://paintballmuseum.org/museum/CCI (Component Concepts, Inc.)/Phantom Revolution/phantom_semi_catalog_ad.jpg
and
This is prior art.
That never appeared it was always "not quite ready" or "it still leaks" Plus at around the same time it was loudly rumoured that the Sterling was going to be made into an electronic version but due to battery size's and trouble powering things with the solenoids it didn't appear although a totally different marker "did" appear...1 was the Soveriegn and the other was ...well, not made by Dave GalsworthyOriginally posted by acsik
Its on schedule for them to have the Grip patents too....
But if you want prior art then here it is:
http://paintballmuseum.org/museum/CCI (Component Concepts, Inc.)/Phantom Revolution/phantom_semi_catalog_ad.jpg
and
This is prior art.
Yeah and smart parts have never made anything of quality anyway, they are only into the money $$$