Patents Question

[ASchear]

Disclaimer: I know that you probably aren't lawyers, but I'm not necessarily seeking legal advice, just a better understanding of patents based on the opinions of you all. Here's the scoop:

I've been doing some research lately on patents after having a lot of success building a sweet camera slider with my Dad DIY style (he's a machinist). Seeing the recent success of the Rhino Slider, I was hoping that maybe we could sell a handful that he could manufacture via Kickstarter. I'm all for doing things fair and the morally right way, so I did a little patent searching just to make sure we wouldn't be stealing something someone else had already laid claim to.

In my searching, I found that Cinevate has a patent for their different slider systems, which appears to be fairly broad and thus encompass not only our slider design, but also many others that are on the market including CPM's, Cinezen's, and Rhino's, to name a few.

Here's a link to the patent page from Google: http://www.google.com/patents/US7891888?dq=slider+for+camera

The first claim is pretty broad and seems to encompass these other brands' designs. Is my thinking correct on this? Must these other companies have licensed the patent from Cinevate? Or am I mistaken and those other sliders not violate Cinevate's patent?

 

[keylight]

Could you be more specific? Which other products appear to infringe on which parts of this patent? And which aspects of the slider you created are you worried about?

Of course, you should talk to a patent attorney if you have serious legal questions.

 

[David Jimerson]

Yeah, you're going to want to talk to a patent attorney. Not something you should try to avoid.

 

[ASchear]

I'm aware that I probably will need to see an attourney, but, like I said, I'm just looking for a better basic understnding of how this works.

For example, the Rhino Slider might appear to infringe on the basic premise of the patent from Cinevate.

Rhino Slider: http://www.rhinocameragear.com/Rhino Slider

"The camera slider system supports a camera for longitudinal sliding or rolling movement along a pair of elongate support members which are parallel and spaced apart from one another."

I also notice that claim 1 states "at least one link member pivotally coupled between the camera mount and the carriage..." Does this free the Rhino Slider of infringement since it doesn't appear to have what I believe is a half ball mount? If so, why would Cinevate have chosen to include this in their claims, rather than going for the broader definition of a slider?

 

[Paul F]

ASchear,

Indeed that is a broad claim that Cinevate could use to take action against others. But it is up to Cinevate to take action. Cinevate can decide to enforce the patent or not. They have the patent in their pocket. Maybe their business is satisfactory and see no need to spend time and money in court to take action. Maybe attorneys have advised them that it's a waste of time. Who knows.

You have two choices; make your slider and accept the risk or contact Cinevate to discuss it to get a licensing fee or determine that there is no conflict.

 

[keylight]

Their claim is for A, B, C, AND D. You're only quoting a part of what they are claiming. I *think* their claim is for 4 parts combined. If a slider only has one, two, or three of those things, it wouldn't infringe. I could be wrong, but I think that's how the claims section of the patent needs to be read.

http://www.patentlens.net/daisy/patentlens/202.html

 

[ASchear]

That all makes good sense to me. Keylight, if you what said is correct, I may be safe since my slider doesn't have what's termed a camera mount there, like the Rhino model. I've contacted Cinevate through their website and will hopefully hear back soon! Thanks guys

 

[keylight]

That all makes good sense to me. Keylight, if you what said is correct, I may be safe since my slider doesn't have what's termed a camera mount there, like the Rhino model. I've contacted Cinevate through their website and will hopefully hear back soon! Thanks guys

Keep in mind, you need to find an attorney who specializes in patent work to give you legal guidance. I *think* this is how patents work, but I don't *know*. Just my non-expert personal opinion, not a professional, legal opinion.

 

[Allan Black]

I know of one manufacturer who has a patented product, mainly to discourage others from attempting a copy. To take action takes time and money.

Current Chinese fake products are running rife. If your product is accepted by the market, patent or no, that's where the trouble will come from.

Cheers.

 

[ASchear]

Keep in mind, you need to find an attorney who specializes in patent work to give you legal guidance. I *think* this is how patents work, but I don't *know*. Just my non-expert personal opinion, not a professional, legal opinion.

All I was looking for.