Legal advice

[Andy219]

I'm going to try to be vague, but also give enough info to give a good understanding of what's going on. Excuse any misspellings as I'm on a few medications that make me mess up.

So in the late 60's somebody files a patent. I'm talking like 1969, a couple years later a gentlemen from a small toy company visits the inventors home. After a brief conversation and a hand shake, the toy company guy leaves.

A few years go by and the inventor never hears anything. Then all of a sudden his invention is pops up at a company in Florida. And the invention is starting to become semi popular. But the inventor never hears anything. He calls the toy company but never gets to talk to anyone.

In the 80's it becomes even more popular, by the 90's and today it's so common everybody has at least heard of it. And many people use it, they own them, rent them and so on.

The inventor never did anything because he didn't know what to do. Never spoke to anyone except tried to talk to the toy company. He passed in the mid 90's, and his family is now looking to see if there's nothing that can be done. Probably not, but worth trying.

Is there a statute of limitations, for patent issues. If so are there any instances where those are extended?

If anyone can offer help, or need more info to help, pm ,e and I can give you some more info. I don't have it all yet. The inventor was my grandpa and my aunts and uncles are rounding up any and all papers to give to me.

 

[the1kidd03]

My best guess would be to research how the item works and is designed. If it's not identical to the inventor's design then you wouldn't have a case to begin with. If it is, then you're going to have to look up that patent and prove that said company was making a profit from the design before said patent expired. After it expires it's fair game if not renewed.

 

[HoughMade]

I'm no patent lawyer, but there seem to be 2 issues- the length of time the patent is good for from the filing date (20 years presently) and the statute of limitations/laches.

Stopping Infringement - OC Patent Lawyer

Contact a patent attorney.

 

[ziggy]

Patents are typically good for 20 years from the date the application is filed. Design patents for 14 years. But, even if a patent was granted, did the owner pay the periodic fees to have it continue to protect his rights? The questions you have raised are complex and you should either do a lot of research yourself or be prepared to hire a patent attorney. Do you have the original patent? Are you certain the item being produced violates the patent?

 

[Andy219]

Good points. I'm not exactly certain. I'm just in the beginning stages. I do know there has been slight modifications. At least I have some ideas on where to start.

I'm not sure if anything is there, would just like to see my grandpa credited with it.

 

[CitiusFortius]

Good points. I'm not exactly certain. I'm just in the beginning stages. I do know there has been slight modifications. At least I have some ideas on where to start.

I'm not sure if anything is there, would just like to see my grandpa credited with it.

Well good luck to you, you're going to have a MAJOR uphill climb.

1. Proof - If, and this is a big if the company acknowledges the claim, they could claim they gave your grandpa $20 for the rights. Probably they'd just deny the whole thing. Your word vs theirs.

2. Who has the patent now? Utility patents cost a minimum of $10,000 - anybody who dropped that coin isn't gonna give up a dime.

3. Time - like others have said, anybody can make a toaster. The toaster was Patent No. 1,394,450, by Charles P. Strite, 1921. - Fair game now.

4. $$$$$$$$$$$$$ - If it's a product people have heard of, then you can be sure the people in charge have very, very deep pockets.

My advice would be to just let it go and make it part of your family lore - good story to tell the kids at cookouts. Unless starting a legal battle was his last wish, the headache's probably not worth it.

 

[Andy219]

I'm pretty happy with copies of the patent, which I have. I also enjoy bringing it up when I hear people talking about it, though they never believe me.

I'm just looking into it for other members of the family. I'm not sure their intentions. I am a little upset that he was taken advantage of (I think) and there's no recognition. Except in a few articles they bring up a "home inventor".

Monetary retribution chance of slim to none. I'm not a legal type person, but because I'm familiar with gun laws and rights, I was chosen to look into this. From what I've seen so far, chance doesn't look good at all... But if it keep the family happy, I'll research it all I can.

I was kind of w excited that one of my aunts is going to dig up some old film of it in use buy the tester, my dad.

So if anything, I learn more about it. Which is fine by me.

 

[ZbornacSVT]

You've peaked my interest. When do we get to hear what the item is!!

Best of luck in your pending adventure/battle.

 

[Sylvain]

You've peaked my interest. When do we get to hear what the item is!!

Best of luck in your pending adventure/battle.

In the 80's it becomes even more popular, by the 90's and today it's so common everybody has at least heard of it. And many people use it, they own them, rent them and so on.

By this I would guess a Glock pistol.

 

[Andy219]

Lol. Maybe by the end of the night. So far it's looking like nothing legal can be done. Maybe I'll turn it into a guessing game... With some sort of prize.

 

[Mounty09]

You get no rep points until you tell us what the product is!

 

[Andy219]

 

[public servant]

Either a bounce house or trampoline.

 

[CathyInBlue]

I guess "Super Soaker", even though I know the origins of that product.

 

[Andy219]

Now I'm afraid when I tell you or it's guessed, I'm gonna letcha all down.

 

[public servant]

Now I'm afraid when I tell you or it's guessed, I'm gonna letcha all down.

Most of us are married. We've been let down before.

 

[Andy219]

But before this turns into one of those wallet threads. And since everything I've read, there's nothing to do about it. To long has passed it was what my grandpa called

"The Water Ski Cycle" today known as personal watercrafts, jet skis and wave runners.

 

[ZbornacSVT]

Cool

 

[Andy219]

I was just upset because my grandpa, trusted them and they took advantage of him. They paid him $200 for his signature, shook his hand and said "We're going to make you rich."

The toy company they believe was Hasboro, then sold the stuff to another company which eventually became sea doo, I believe. And the rest is history.

 

[chezuki]

I'll just leave this here...


Personal water craft - Wikipedia, the free encyclopedia