LED Patents - Action Needed!

[Ron99]

Originally Posted by Red Coral Aquariums

One simple sticker on your proposed LED fixture would solve the whole patent issue.

" NOT FOR AQUARIUM USE"

Kevin

If only it were that simple If you built in aquarium friendly features like timers and sunrise/sunset, splash shields etc. they might be able to argue in court that you were in fact targeting the aquarium market. you would have to spend a bunch of money marketing it to the hydroponics industry etc. to protect yourself and be very quiet about aquarium marketing. In practice I don't think it would really work.

Originally Posted by StirCrazy

not in this case Bill, they did not patent a machien, but rather a novel idea. the idea is running 1 or more leds with a controler and powersupply which can alowing for local or remote operation.

this is the problem as it is a blanket patent. and yes it is valid in canada as all US patents are.

Steve

I think the patent is iffy because we have been running timers and controllers on our lights for sunrise/sunset and spectral control by timing different colours of bulbs before so doing that with LEDs is not really novel.

Also, US patents are not enforceable in Canada. They would need a Canadian patent (which they may have applied for. I'm not sure if the Canadian office publishes applications and they can be kept in the application/limbo phase for a while in Canada). But you could not make a product in Canada and sell it in the US, only Canada.

[saltcreep]

Ron99,

I've been searching for something else on the Canadian patent site tonight, so it's kind of funny this topic is being discussed.

It doesn't appear that there are any patents or patent applications in Canada. You can search the Canadian patent database for current patents and for applications.

I'm also an owner of a Solaris system and I can attest to the fact that SPS has done well in my tank. However (answering another thread), being in the industry has kind of made me slip on my maintenance on my tank so the SPS are longer with me. I've settled for much more forgiving corals since my care for my tank is rather spotty (much like the kids of a cobbler having crappy shoes).

I agree that the US patent was rather sketchy at best as there didn't appear to be a whole lot of research put into the approval to see what technology was already in the public domain.

[StirCrazy]

Originally Posted by saltcreep

Ron99,

I agree that the US patent was rather sketchy at best as there didn't appear to be a whole lot of research put into the approval to see what technology was already in the public domain.

what I don't understand is acording to the US patent system you will know if you have been aproved in most cases with in a year. why did this one take 4 years? that just makes me think they looked at it real hard.

Steve

[StirCrazy]

Originally Posted by Ron99

Also, US patents are not enforceable in Canada. They would need a Canadian patent (which they may have applied for. I'm not sure if the Canadian office publishes applications and they can be kept in the application/limbo phase for a while in Canada). But you could not make a product in Canada and sell it in the US, only Canada.

my mistake, they have to wait 1 year after being aproved for there US patent befor they can submit a blanket patent that covers most industrealized countries.

Steve.

Originally Posted by StirCrazy

not in this case Bill, they did not patent a machien, but rather a novel idea. the idea is running 1 or more leds with a controler and powersupply which can alowing for local or remote operation.

this is the problem as it is a blanket patent. and yes it is valid in canada as all US patents are.

Steve

I have to see the actual patenent from what I know you can not patenent an Idea or a number or letter. that is why Intel started naming there processors they lost a huge law suet aganst AMD when AMD use intels specs to form a processor chip. AMD won the law suet were told to be very carful. Intel was told that they could not patenent a number leter or an idea. You can patenent a process of construction or a design. Not all US patenents are valid in Canada they have to be registered in Canada to be recognised. When you applie for a patenent you have to list all countries that you want it registered in or someone can use your design and make one of their own. My father has been involved in patenents before it can be a huge night mare ever if the wording is not just right. As apple found out when microsoft stole the windows concept from them. Apple thought that their patenent for their computer also covered the operating system. The wording was there but it was not clear so microsoft was alowed to keep their version of windows which was exactly the same as apples. microsoft patenented it and now we have a operating system ment to work with an IBM processor not an intel chip. back during the battle for the operating system of the future there was some thing like 10 different operating systems.

Bill