Extent of Patents

does it count if your just making your own "version" as a 1 off,,,instead of trying to "market" your "own design" of it? ,,,,i would think its WAY different if you was trying to "sell" your top to people,,,,if its on a hand made custom boat, your not "selling" the top,,,your selling the boat,,,,,maybe,,,probably no,,,,,ya definitely,, hehe
i would ask a lawyer if i can build a boat with a top like that,,,,,,not ask, can i sell this dude a top for his boat.

 

I have "given" my drawings to clients, who went ahead and hired a fabricator to produce them for their own use.

I was paid as a consultant for a different concept.

You don't get the design credit, just the fees.

 

General Update....

1. I've contacted Kencraft, explained the situation and I am waiting for a reply before I proceed.
2. Kencraft's patent is what we (Australia) call an "innovation patent". These are approved quickly and easily without a history check but can be rendered void just as easily by showing someone else had done it first, this will of course cost a bucket load in legal fees for everyone.
3. I've been advised by both a patent attorney and my lawyer that I can add a clause in my contract that the design infringes on a patent and that it is my client's responsibility to negotiate with the holder of said patent for terms under which they can proceed with construction.

I have no desire to go into battle as this is a very small contract and I've already wasted a lot of time on it. To be honest I'm tempted to walk away.

 

The patent system is not intended to stop people from building anything (except wepons of mass destruction) for their own use and experimentation.It is intended to help inventors to get reward from their development work and get it on the market to the public.If you want to market a product you must check to see you are not infringing other peoples legaly aquired Patent or Design.