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Re: [TowerTalk] Tower Jack?

To: towertalk@contesting.com
Subject: Re: [TowerTalk] Tower Jack?
From: K8RI <K8RI-on-TowerTalk@tm.net>
Date: Fri, 14 Jun 2013 23:18:21 -0400
List-post: <towertalk@contesting.com">mailto:towertalk@contesting.com>
On 6/14/2013 8:04 PM, Richard Solomon wrote:
In the United States <http://en.wikipedia.org/wiki/United_States>, under
current patent law <http://en.wikipedia.org/wiki/United_States_patent_law>,
the *term of patent*, provided that maintenance
fees<http://en.wikipedia.org/wiki/Maintenance_fee_%28patent%29>are
paid on time, are:

    - For applications
<http://en.wikipedia.org/wiki/Patent_application>filed on or after
June 8, 
1995,<http://en.wikipedia.org/wiki/Term_of_patent_in_the_United_States#cite_note-1>the
patent term is 20 years from the filing date of the earliest U.S.
    application to which priority is claimed (excluding provisional
    
applications).<http://en.wikipedia.org/wiki/Term_of_patent_in_the_United_States#cite_note-2>
    - For applications filed before June 8, 1995 and for patents that were
    still in force on June 8, 1995, the patent term is either 17 years from the
    issue date or 20 years from the filing date of the earliest U.S. or
    international (PCT<http://en.wikipedia.org/wiki/Patent_Cooperation_Treaty>)
    application to which priority is claimed (excluding provisional
    applications), the longer term
applying.<http://en.wikipedia.org/wiki/Term_of_patent_in_the_United_States#cite_note-3><http://en.wikipedia.org/wiki/Term_of_patent_in_the_United_States#cite_note-4>

The patent term <http://en.wikipedia.org/wiki/Term_of_patent> in the United
States was changed in 1995 to bring U.S. patent law into conformity with
the World Trade
Organization<http://en.wikipedia.org/wiki/World_Trade_Organization>'s
Agreement on Trade-Related Aspects of Intellectual Property
Rights<http://en.wikipedia.org/wiki/Agreement_on_Trade-Related_Aspects_of_Intellectual_Property_Rights>(TRIPs)
as negotiated in the Uruguay
Round <http://en.wikipedia.org/wiki/Uruguay_Round>. As a side effect, it is
no longer possible to maintain submarine
patents<http://en.wikipedia.org/wiki/Submarine_patent>in the U.S.,
since the patent term now depends on the priority date, not
the issue date.

Design patents <http://en.wikipedia.org/wiki/Design_patent>, unlike utility
patents, have a term of 14 years from the date of issue


 From this, I can only assume that the Patent is no longer in force.


73, Dick, W1KSZ

<http://en.wikipedia.org/wiki/Term_of_patent_in_the_United_States#cite_note-5>


On Fri, Jun 14, 2013 at 12:55 PM, Larry <lknain@nc.rr.com> wrote:

Patents are renewable if I recall. I don't know if they changed when they
changed trademarks. Trademarks are good as long as the owner is still alive
and other rules (used to be 28 years and renewable once). I have lost touch
with the IP law stuff.

73, Larry  W6NWS

-----Original Message----- From: Drax Felton
Sent: Friday, June 14, 2013 12:00 PM
To: Jon Pearl - W4ABC
Cc: towertalk@contesting.com ; Jim Lux
Subject: Re: [TowerTalk] Tower Jack?

Patents are only good for 18 years.  Surely this thing is out by now.


Sent from my iPhone

On Jun 14, 2013, at 11:00 AM, Jon Pearl - W4ABC <jonpearl@tampabay.rr.com>
wrote:


On 6/14/2013 10:23 AM, Jim Lux wrote:


Is it patented? Or require some unusual fabrication?

If you want to build one for your own use, patents allow that, you just can't sell them.



Apparently it's patented: 
http://www.superiormusic.com/**towerjack.htm<http://www.superiormusic.com/towerjack.htm>

*NOTICE !! /Tower Jack/ Products are patented under several United States
patents.
Manufacturing and selling of these products by anyone other than
Tower Jack Products of Mt. Juliet, TN is _strictly illegal_.*

It used to be, first designed/used, now it's first applied for the patent, regardless of who developed one first. The only out is if something is considered a logical outcome for anyone who would build one. That's not phrased quite right, but close.

Many old patents are being thrown out because the design is too logical, or intuitive. The SCOTUS is dealing with a number of these at present. I think this one is probably safe.

73

Roger (K8RI)



I actually found a larger 'entire' picture on fleabay:
http://www.ebay.com/itm/Rohn-**type-tower-install-removal-**
tool-leg-alignment-jack-heavy-**duty-radio-ham-/271216494401<http://www.ebay.com/itm/Rohn-type-tower-install-removal-tool-leg-alignment-jack-heavy-duty-radio-ham-/271216494401>

  From the pictures I've seen, it seems that almost any metal fabrication
shop could crank them out. Maybe not for the same price, but it sure
doesn't look like it would be hard to make them.


One would guess that if your intention is not to sell them, you could
'one-off' a copy.


73,


Jon Pearl - W4ABC
www.w4abc.com






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