DaveBear35
Member
I was shown a Pilot Pen Retractable Fountain Pen today. A long time buyer wants to know if I can make him one. Any ideas?
The issue isn't a matter of upgrading a product. The legal issue would be in using a well-known proprietary feature of a commercial product, and then using the reputation of that proprietary feature to sell your creation to someone else.Also, if you are buying a product off the shelf, and then upgrading it I do not understand how there is a legal issue.
Case in point, buying a Jeep, then lifting it, adding monster tires, etc and paying a shop to do it.
Since you aren't new here you know there is no kit like that and wont be. Niche market and legal hurdles make it very unlikely.Let me clarify my request since my original post (written in haste) was not easily understood.
I am looking for a kit to create a retractable fountain pen ala the PPRFP previously mentioned.
I don't have any desire, tools, or skills to re-skin, an existing pen. I also don't have any desire to rip off the patent of that fine pen company. I also thought a post here might put the idea of such a kit in front of the pen kits manufacturing companies, who can figure out a way to make this kit without violating a patent.
In my own life I have learned just how useless a copywrite can be, having one of mine violated until I was forced out of that business.
The quick answer would be yes. If the mechanism is part of the patent and you buy it, alter it and resell it you have infringed. The potential problem comes when you make money using their protected item.I am not a legal eagle buy any stretch, but wouldn't stripping a Pilot VP and using the parts in your own pen, be the same as stripping a Pentel Pencil and using it's mechanism. Or are we infringing patents/copywriters there as well? Not looking for an argument, just asking a question.
This is incorrect. Safety pens are eyedropper filled through the front while the nib is retracted. When capped, a plug inside the cap seals the end of the pen off and prevents ink from spilling out. When in use, the nib is extended, the pen is sealed off as well. By design, safety pens must have a cap. The above is just another form of a capless pen.The pen that @Curly linked to, is what is know as a "Safety Pen". It is one of the first retractable pens, created over a century ago.
The quick answer would be yes. If the mechanism is part of the patent and you buy it, alter it and resell it you have infringed. The potential problem comes when you make money using their protected item.
I stand corrected John. I was thinking that the original safeties had a small door that closed on full retraction.This is incorrect. Safety pens are eyedropper filled through the front while the nib is retracted. When capped, a plug inside the cap seals the end of the pen off and prevents ink from spilling out. When in use, the nib is extended, the pen is sealed off as well. By design, safety pens must have a cap. The above is just another form of a capless pen.