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Re: [TR] tiny little tenax

To: Randall <tr3driver@ca.rr.com>
Subject: Re: [TR] tiny little tenax
From: Michael Porter <mdporter@dfn.com>
Date: Sun, 20 Dec 2009 22:44:12 -0700
Randall wrote:
>> Tenax told them no and if you do we  
>> will come after you because of patent rights 
>>     
>
>
> There is also the detail that a patent expires after 20 years ... a product
> offered for sale over 50 years ago is almost certainly not protected by
> patent today.
>
>   
And, that 20-year limit is only with the advent of GATT, which took 
effect in 1995.  Prior to that, it was 17 years in the U.S., and British 
patents are not automatically protected here.  There was a 
grandfathering clause that extended patents still in effect for 20 
years, but, as you say, this item is certainly in the public domain.  
Long before they were used on TR3s, they were used on boats.  When I 
looked at the British patent office for how old the "TENAX" trademark 
was for manufactured metal goods, it goes back to 1910, and was issued 
to a steelmaker in Sheffield.  The current Tenax UK, Ltd., makes garden 
supplies, industrial plastic goods and medical devices. Chances are, 
someone in that office doesn't know what that doodad is, and issued the 
standard answer:  no.  And, the easiest way to defend an expired patent 
is to pretend it 's still in force.

Now, that's not to say that some independent manufacturer hasn't 
licensed the trademark, but, that's separate and apart from the patent(s).


Cheers.


-- 


Michael Porter
Roswell, NM


Never let anyone drive you crazy when you know it's within walking distance....

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