Homemade Tap-O-Cap, Is It Legal?

[swampdoctor]

I bought two of them eight years ago but they are no longer made by Forster Reloading Products. I described how to make one to a machinist in Tennessee, but he refused to make it because of possible Copyright Infringements. Suppose you made one for your own private use but you made so it was not an exact duplicate of an original...Would it be legal to make one then?

 

[Great white hunter]

I believe this is how it works. As long as you do something different on it you will be fine. It is for your self so it doesn't matter anyways. When someone takes a patton on something all it means is they own the rights to that exact thing they made. If you make it a little different you would be fine. I know a few people that have done the same thing and they sell it as their brand but theirs are a little different. In my opinion pattons are useless because they are good for only so many years and very expensive and you can copy them with a slight difference and be legal. I'm not a pro at the law or anything. I am just speaking from experience.

 

[TOOLMASTER]

MAKE WHATEVER YOU WANT

 

[FanMan]

Strictly speaking, it's illegal to copy any patented (not "patton", he was a general, and not copyright, which applies to published materials) item, even for personal use. Realistically, if you make something for your personal use and you're not selling it or using it to make a profit (i.e. in a business), nobody, including the patent holder, is likely to care. But don't post your replication drawings online.

It's not a matter of whether it's "slightly different"; a utility patent (the most common kind) describes the function of the patented item. If your copy functions the same way, it infringes on the patent. You can't, for example, change the color or the shape of the handle (unless the handle shape is described in the patent and is critical to the function) and get around the patent.

Patents are useful but you need the money to back it up... in real terms, a patent simply gives you the right to sue somebody for using your invention, but that can be an expensive, drawn out process.

 

[chuckorlando]

No one is going to come looking for you unless your making money.

 

[Bill C.]

I believe this is how it works. As long as you do something different on it you will be fine. It is for your self so it doesn't matter anyways. When someone takes a patton on something all it means is they own the rights to that exact thing they made. If you make it a little different you would be fine. I know a few people that have done the same thing and they sell it as their brand but theirs are a little different. In my opinion pattons are useless because they are good for only so many years and very expensive and you can copy them with a slight difference and be legal. I'm not a pro at the law or anything. I am just speaking from experience.

If you change or improve the design and don't sell copies I think you are fine.

- - - Updated - - -

I bought two of them eight years ago but they are no longer made by Forster Reloading Products. I described how to make one to a machinist in Tennessee, but he refused to make it because of possible Copyright Infringements. Suppose you made one for your own private use but you made so it was not an exact duplicate of an original...Would it be legal to make one then?

I feel it you can't buy it then you should be able to make it. The Guys that rebuild machinery would be in big trouble it they couldn't make missing pieces for the old machines.

 

[CluelessNewB]

Patents are only good for a limited time. 17 years issued before June 1995, 20 years after June 1995 and some can be extended for an additional 5 years in some cases. Most probably the patent has already expired.

Copyrights last much longer 75+ years IIRC, so most probably the name "Tap-O-Cap" is still under copyright.

 

[Great white hunter]

Strictly speaking, it's illegal to copy any patented (not "patton", he was a general, and not copyright, which applies to published materials) item, even for personal use. Realistically, if you make something for your personal use and you're not selling it or using it to make a profit (i.e. in a business), nobody, including the patent holder, is likely to care. But don't post your replication drawings online.

It's not a matter of whether it's "slightly different"; a utility patent (the most common kind) describes the function of the patented item. If your copy functions the same way, it infringes on the patent. You can't, for example, change the color or the shape of the handle (unless the handle shape is described in the patent and is critical to the function) and get around the patent.

Patents are useful but you need the money to back it up... in real terms, a patent simply gives you the right to sue somebody for using your invention, but that can be an expensive, drawn out process.

Thanks for the spelling correction. It was late at night and I think I was sleeping when I wrote that.

 

[dan12]

I bought two of them eight years ago but they are no longer made by Forster Reloading Products. I described how to make one to a machinist in Tennessee, but he refused to make it because of possible Copyright Infringements. Suppose you made one for your own private use but you made so it was not an exact duplicate of an original...Would it be legal to make one then?

had no idea what this was
I did a GOOGLE & found something that might help

http://www.thefirearmsforum.com/showthread.php?t=82768

 

[John Hasler]

Patents are only good for a limited time. 17 years issued before June 1995, 20 years after June 1995 and some can be extended for an additional 5 years in some cases. Most probably the patent has already expired.

Copyrights last much longer 75+ years IIRC, so most probably the name "Tap-O-Cap" is still under copyright.

Names cannot be copyrighted. They can be registered as trademarks, giving the owner the sole right to use the name to sell things but not giving them the right to prevent others from using the name in other ways.