Topic: Jooshs - look familiar? R/C Car = quadcopter hybrid
I don't know if there's anything illegal about copying your concept if you already have it patented you might want to take a look.
Re: Jooshs - look familiar? R/C Car = quadcopter hybrid
As a concerned citizen, you are always enabled to submit any evidence you think might nullify their pending patent.
3 2013-05-29 14:32:42 (edited by cmetzel 2013-05-29 16:08:32)
Re: Jooshs - look familiar? R/C Car = quadcopter hybrid
This was jooshs successful kickstarter
Re: Jooshs - look familiar? R/C Car = quadcopter hybrid
If anyone here knows him or has a personal email for him please let him know, I sent him a PM on it as well. Don't want him getting screwed after all his work was put in on it.
Re: Jooshs - look familiar? R/C Car = quadcopter hybrid
As far as patents, this one is probably different enough. Josh's has retractable propellers which flip out when it's time to fly, while this one has them fixed. It's also a toy while Josh is going for utility.
Re: Jooshs - look familiar? R/C Car = quadcopter hybrid
He should still pursue a patent conflict
Re: Jooshs - look familiar? R/C Car = quadcopter hybrid
I've been reading tons about patents because I'm getting ready to submit a couple. If he used a patent attorney they most certainly painted a broad picture of the concept which should cover this design modification. Apple patented rectangles with round corners and won.
For as far along as this other guy is I would say they have been designing in parallel and he didn't copy but that doesn't mean that jooshs patent rights should be waived. It's not as important now for this kickstarter, but when Tyco comes along and puts one on the shelf at Toys R Us it's going to be a big deal.
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Re: Jooshs - look familiar? R/C Car = quadcopter hybrid
I think this is most likely a Dual Development issue. The sticky part besides the dates of filing is that I assume these are both Provisional applications, which are generally very broad. There's bound to be overlap; and what can be covered in Claims will be based on what Josh included in his Specification and Drawings when he filed.
I'm not an Attorney, but I do this a lot...willing to help however I can, Josh!
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Re: Jooshs - look familiar? R/C Car = quadcopter hybrid
Doesn't matter if it's independent parallel development.
It's first to file. That gets the patent. You don't even need a working model, just a concept and drawing.
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Re: Jooshs - look familiar? R/C Car = quadcopter hybrid
Back when Josh filed, it was still the "first to invent" rule. That helps a bit. He also Kickstarted the project, which is a Public Disclosure. It is now likely that the new guy will have a tough time defending an Obviousness challenge (over Josh's prior art) if his only difference is having the propellers intersect the vertical axis of the wheels.
At the end of the day, nothing can be challenged until either application is granted.
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11 2013-05-30 18:13:26 (edited by ysb 2013-05-30 18:13:55)
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Re: Jooshs - look familiar? R/C Car = quadcopter hybrid
part of the last update of the kickstarter page of josh
update #3 · Oct 19, 2012 · comment
It has been a really exciting week and the support continues to pour in! I have now applied for a provisional patent for the RObot and have acquired a few additional resources. Because of the generous support, several of the critical components are now going to be made of carbon fiber, allowing me to increase the abilities of the RObot.
josh is covered i think...
Re: Jooshs - look familiar? R/C Car = quadcopter hybrid
Where is Josh?
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Re: Jooshs - look familiar? R/C Car = quadcopter hybrid
His last post was over a month ago...I tried to PM him as well with no response.
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Re: Jooshs - look familiar? R/C Car = quadcopter hybrid
Hey guys! Thanks for the heads up and all of your support! I have been traveling frequently and working nonstop for the last few months. Still plugging away on the copter, but not as much as I'd like. I've also had access to 3 dimensions and a fortus at work with a struggling printer at home so I've not been around nearly as frequently. Not giving up, just waiting for a lull at work.
I've actually dealt with several issues with the kickstarter project and patent rights in both directions leading to a radio silence on the issue. I was directed to this project several days and I think it is really impressive, but I am definitely concerned about the similarities to my design publicly shown here, on kickstarter, and elsewhere as well as and maybe even more importantly, the stuff I have done without public disclosure. For now, I've reached out to him twice to open a dialog and haven't received any word back yet. I am hoping to chat with him before getting too excited about anything. My understanding is that I am well protected, but would also much rather support growth in the industry rather than stymie it as long as it doesn't mean that I am left out of the growth.
Again, definitely appreciate the heads up and support and will keep you guys in the loop.
Re: Jooshs - look familiar? R/C Car = quadcopter hybrid
Hi Jooshs,
As a budding patent clerk myself, I do know that provisional applications(patent pending) are not searchable. So, if someone was endeavoring to create something that would infringe on your protected IP, then they would not see it come up in the USPTO database if they did a preliminary search.
Also, Just this April the USPTO went to a "first to file" scenario. This means that whomever files the utility patent first has the rights, no matter who got the idea first or screwed the hardest.
Lastly, one item that came up form our resident patent expert at AOD was the fact that publishing info about your idea before you have even preliminary IP protection can void you utility patent. This really only comes into play when you are defending your patent in court, as the USPTO typically does not do a media search to verify a lack of previous publication. ou would have to have the opposing council really do their homework to present it to a judge Just my two bits!
- IronMan
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Re: Jooshs - look familiar? R/C Car = quadcopter hybrid
machinistjoe wrote:
Hi Jooshs,
As a budding patent clerk myself, I do know that provisional applications(patent pending) are not searchable. So, if someone was endeavoring to create something that would infringe on your protected IP, then they would not see it come up in the USPTO database if they did a preliminary search.
Also, Just this April the USPTO went to a "first to file" scenario. This means that whomever files the utility patent first has the rights, no matter who got the idea first or screwed the hardest.
Lastly, one item that came up form our resident patent expert at AOD was the fact that publishing info about your idea before you have even preliminary IP protection can void you utility patent. This really only comes into play when you are defending your patent in court, as the USPTO typically does not do a media search to verify a lack of previous publication. ou would have to have the opposing council really do their homework to present it to a judge Just my two bits!
MJ,
Right on with the Provisional being non-searchable! It only marks your priority date for your final Utility application.
But please check on your last 2 statements:
With regard to the "First to File"; you still need to prove inventorship...while an unscrupulous thief can falsify docs and dated notes / sketches, if Inventor A (true inventor) posts a youtube link disclosing his invention, and then Inventor B (thief) files a Provisional or Utility before Inventor A...and then Inventor A files a few weeks later than that; then Inventor A will still get the patent based on the proof of inventorship via his public disclosure on Youtube.
Also, in the U.S., A public disclosure before filing does not invalidate your rights to a Patent...it DOES invalidate your rights to any International coverage, though. Otherwise, in the U.S. you still have 12 months from the date of disclosure to file.
Bottom line is; ALWAYS file your Provisional ($130.00) before any public disclosure. This will protect you all the way around!
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