Patent life
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ZEBRARANGER
New member
The type of patent determines how long its good for. Utility patents are for 20 years, design patents are for 14 years.
ScottRiqui
New member
This is a very interesting question - unfortunately, I know little about patent law.
If the patent life is only 14-20 years, does that mean that anyone who wants to is free to make identical copies of things like Braun radios from the 60s, or tube-era McIntosh amplifiers?
If the patent life is only 14-20 years, does that mean that anyone who wants to is free to make identical copies of things like Braun radios from the 60s, or tube-era McIntosh amplifiers?
Standing Wolf
Member in memoriam
Patents, trademarks, and registered trademarks aren't the same things.
You cannot make a Colt Python, but you can make a gun that works just like a Colt Python. I expect Colt still maintains the Trademark for the Python name in regards to firearms. Trademarks do not have a fixed time period but do need to be renewed periodically. I do not know enough about Trademarks to know how close it can look like a Colt Python. Obviously it cannot have the decorative touches or the name, but if I can be the exact shape and dimensions I do not know.
See http://tess2.uspto.gov/ for searching
In the simple search page, search for Colt Python in all fields.
See http://tess2.uspto.gov/ for searching
In the simple search page, search for Colt Python in all fields.
Dfariswheel
New member
There are a number of guns that are being made by companies other than the original maker.
As example, the Ruger 10/22 is being made as components by a good number of companies.
The Colt 1911 pistol is being made by just about everyone.
The Remington 870 and Ithaca 37 shotguns are being copied in China and sold here.
Most of Colt's patents on the Python have probably expired, but no one is likely to copy it due to the very complex action that requires a lot of hand fitting, and much of which can't be made by modern production methods.
As example, the Ruger 10/22 is being made as components by a good number of companies.
The Colt 1911 pistol is being made by just about everyone.
The Remington 870 and Ithaca 37 shotguns are being copied in China and sold here.
Most of Colt's patents on the Python have probably expired, but no one is likely to copy it due to the very complex action that requires a lot of hand fitting, and much of which can't be made by modern production methods.
Jim Watson
New member
Ruger sued AMT for making close copies of Ruger Mk I and 10/22.
Colt sued USFA for making guns that looked too much like SAAs to suit them.
"Trade dress" they called it. I think the first stuck and the second did not.
Colt sued USFA for making guns that looked too much like SAAs to suit them.
"Trade dress" they called it. I think the first stuck and the second did not.
Finally, a question about a topic I actually know something about! 
I'm a patent attorney. As already noted by Zebraranger, there are utility patents and design patents (and also plant patents). Utility patents protect the utilitarian/functional characteristics of an invention, while design patents protect the aesthetic appearance of an article. The term of a utility patent is 20 years from the date the patent application is filed; design patents last 14 years from the date they are issued.
Generally speaking, once a patent expires, the public has a right to practice precisely what the patent covered. But as you can imagine, it's not quite as simple as that in some cases. For example, let's assume that Ruger had a patent that covered a gun with a particular type of safety system, and the patent expired. At that point anyone else would be free to make a gun having that same safety system. But that doesn't necessarily mean they could make the gun look exactly like a Ruger. For instance, if the appearance of Ruger's gun had acquired significance in the eyes of the public, as indicating the actual source of the gun (i.e., trade dress), then Ruger could prevent others from making a gun that appears confusingly similar to theirs.
DD
I'm a patent attorney. As already noted by Zebraranger, there are utility patents and design patents (and also plant patents). Utility patents protect the utilitarian/functional characteristics of an invention, while design patents protect the aesthetic appearance of an article. The term of a utility patent is 20 years from the date the patent application is filed; design patents last 14 years from the date they are issued.
Generally speaking, once a patent expires, the public has a right to practice precisely what the patent covered. But as you can imagine, it's not quite as simple as that in some cases. For example, let's assume that Ruger had a patent that covered a gun with a particular type of safety system, and the patent expired. At that point anyone else would be free to make a gun having that same safety system. But that doesn't necessarily mean they could make the gun look exactly like a Ruger. For instance, if the appearance of Ruger's gun had acquired significance in the eyes of the public, as indicating the actual source of the gun (i.e., trade dress), then Ruger could prevent others from making a gun that appears confusingly similar to theirs.
DD
Dfariswheel
New member
A case in point being the Colt Python barrel.
The Python barrel was such a good idea, with perfect balance and appearance, that virtually every DA revolver made since has a barrel that's as close to the Python as they can get without looking TOO much like a Python barrel.
They're close in appearance, but not exact.
The Python barrel was such a good idea, with perfect balance and appearance, that virtually every DA revolver made since has a barrel that's as close to the Python as they can get without looking TOO much like a Python barrel.
They're close in appearance, but not exact.