ARB air compressor mount

[Octavian7896]

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[UtahBrandon]

She’s a beaut’ Clark! Nice job

 

[Rick Astley]

So you're aware, I had a hand in designing the upper radiator hose clamp. Please don't steal other people's work.

 

[HotdogThud]

I can't believe that cardboard is holding that up so well. Good job man.

 

[HoosierDaddy]

Because of his threats, I am most definitely going to create my own ARB mounting brackets.

@Octavian7896

The above copied qoute perfectly represents my feelings also.

(I hope I didn't infringe something some how Paul. If I did, what do I owe you?)

 

[hellahella]

If your mount needs a spacer, then it’s too close to the design

 

[CodaMojo]

@4x4TruckLEDs.com better get that lawyer greased up...

I think They will be busy with all these patent pending knock offs
BTW... Search eight hole metal fabricated brackets they look a lot like yours

@Octavian7896 are you sure you didn't get ideas from these examples? I mean every fab shop in the lower 48's will come after you now that 4x4 as exposed you

 

[rtaylor]

Am I in the wrong here guys? I'm open to criticism. That was the point of the post, I wanted Adam's opinion as well as the communities. We know what his thoughts are at this point, but I truly want to know what others think, that was the point and is why I didn't start off by posting the drawings. This was all well intentioned.

Kudos for making your own mount, but in my opinion you should not post drawings. It is easy to see something as obvious after you have seen it done or know that it is possible. The best inventions and designs always seem "obvious" or "the only way to do it" in retrospect.

Plus, I am not sure why a forum member would want to intentionally hurt sponsors that are investing their time and money creating great stuff for our broncos. Especially for these low-volume items where there aren't many interested suppliers.

 

[LINYBronco21]

Plus, I am not sure why a forum member would want to intentionally hurt sponsors that are investing their time and money creating great stuff for our broncos. Especially for these low-volume items where there aren't many interested suppliers.

What makes you think his intentions were to hurt sponsors as opposed to simply saving money and making something himself? His original post clearly stated he couldn't drop the money, so he made one himself.

 

[69BroncoX302]

Hey folks,

I couldn't drop the money for the mount that is available so I made my own. I have a pattern digitized and available, and I do admire that at first glance it is conceptually similar to the available mount; though it is not derivative of it. The geometry just kinda is what it is, not many ways to skin that cat. I'm considering posting it to help anyone out that has a need and a shop. Is it bad form to do so?

It actually depends on the product and how you make it. Normally under 35 USC 271 it would be illegal to make, use, etc any patented item. However, under Subset G(1) the patent does not extend to any item when it is "materially changed by subsequent process".

To use a hammer example. If a hammer at the store was an all aluminum hammer with a designed head and you went home and made an all wooden hammer with a similiar head, your hammer would not infringe upon the patent because you have materially changed the original product.

Also, think of it like a soda. Every wonder why there are so many that taste substantially similiar? It's because all I have to do is adjust one flavor component to differ my formula from yours. When dealing with a product, all you have to do is change it so that it can perform the same function but it doesn't look exactly like the original, or doesn't use the same construction material.

 

[69BroncoX302]

 

[GotWake]

Everyone should post up their brackets inspired by the OP.

 

[mtap]

Since we’re on the topic of brackets…here’s my (yours/ours) GMRS/CB/Trail flag bracket..I’ll be adding a rear light bar for it. I won’t sue you if you make your own, but feel free to send me some beers for the idea. You’re welcome.

 

[67BroncoG1]

Has anyone found his patient pending number yet? I would love to read the claims the inventor mades. Having been through the process before i can say there is a big difference between having patient pending and having one issued. I would also be interested in what existing art there is for a bracket like this.

 

[Razorbak86]

Has anyone found his patient pending number yet? I would love to read the claims the inventor mades. Having been through the process before i can say there is a big difference between having patient pending and having one issued. I would also be interested in what existing art there is for a bracket like this.

“Patent Pending” — Is It Real or Fake News?
Z. Peter Sawicki and James L. Young
Attorney at Law Magazine
November 14, 2017

Your client wants to introduce a new product, but a competitor’s similar product is promoted as “Patent Pending.” What’s the legal effect of that marking? Does this mean your client should forget about pursuing its proposed new product?

To sort this out, you first must know what it means to own an issued patent. A U.S. patent is a bundle of exclusive rights granted to a patent applicant for a limited time period. To obtain that grant, a patent application must have been filed, examined, allowed (under congressionally-mandated patentability standards), and issued by the U.S. Patent and Trademark Office (USPTO).

Ownership of a U.S. patent doesn’t give the owner the right to do anything. Rather, it gives the patent owner the right to exclude others from certain activities, and more specifically the right to exclude others from making, using, selling or importing the invention covered by that patent, relative to the United States.

It is important to understand when the patent owner’s significant exclusionary rights begin. They don’t begin when the patent application is filed, nor do they begin when that patent application is published prior to issuance. Those rights begin on the date that the patent is issued by the USPTO – its grant date. Under equity, these rights include the right to stop others from infringing the patent. Damages for patent infringement are, of course, also available, but likewise cannot be sought until the patent is granted. No patent rights exist, and there are no legal or equitable remedies for infringement, until a patent is issued.

When is it appropriate to even say “Patent Pending?” Again, some background is necessary to understand the mystery behind this notice. When a U.S. patent application is filed, the information in that application is maintained in confidence by the USPTO. No one is told that application even exists.

For a U.S. design patent application, nothing about the patent application is publicly available until the date the patent issues. A U.S. provisional patent application is not made public unless used as a basis for filing priority by a later-filed utility patent application. Nothing about a U.S. utility patent application is made public until the patent issues, unless the applicant has allowed that utility patent application to be published by the USPTO prior to issuance (at the earliest, 18 months after that application or a priority provisional application was filed). Thus, even if published by the USPTO, the subject matter of a U.S. utility patent application is, in some form, pending at the USPTO for up to one and a half years before being made public. Once a patent application has been filed with the USPTO, its owner may legitimately claim that the invention covered by that is “Patent Pending.”

Saying that a product is “Patent Pending,” however, does not give your client’s competitor any legal leverage over your client, since until a patent is granted, that competitor has no patent rights.

In the smoke and mirrors realm of the marketplace, however, it’s different. Your client’s competitor likely invested considerable time, resources and intellectual capital in developing an “invention.” Once that competitor has filed a patent application, it wants the world to know that it is a market innovator. “Patent Pending” suggests that its product has some new feature that might be exclusively available from this competitor, and this resonates with some consumers. Also, “Patent Pending” serves as a warning to the competition (your client) that someday a U.S. patent may issue related to this product, so “copy it at your own risk.” In the United States the “Patent Pending” notice has no legal significance. Your client can ignore it and make and sell a “me, too” product, at the risk of a patent later issuing, which is when the patent owner can then claim patent infringement.

What if no patent application was actually filed yet the competitor claims its product to be “Patent Pending?” First of all, because the patent application process is confidential (for at least some time), there is virtually no way to find this out, short of litigation discovery. If that is learned, however, the competitor may have – by creating the “fake news” that its product is “Patent Pending” – created some problems for itself.

The competitor would be subject to claims of false advertising and unfair competition, under both state and federal law, for misrepresenting features of its product. In addition, this conduct is specifically prohibited under U.S. patent law as “false marking,” although the 2013 America Invents Act took much of the teeth out of that statute. See 35 U.S.C. § 292. How does your client know that a competitor’s product designation is truthful? Snopes.com is no help here, nor are other fact-checking sites. This is simply Business Risk 101, where not all is revealed. In other words, it’s business as usual.

https://attorneyatlawmagazine.com/patent-pending-is-it-real-or-fake-news

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