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Batmobile Forum


  Patent
 From: Kevin | Posted: 11/6/2005 3:02:52 AM |
I like Jack

Posts: 906
Patent

We haven't talked about this in a while so I will post it again.

The term of the patent shall be generally 20 years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application under 35 U.S.C. 120, 121 or 365(c), from the date of the earliest such application was filed, and subject to the payment of maintenance fees as provided by law. A maintenance fee is due 3 1/2, 7 1/2 and 11 1/2 years after the original grant for all patents issuing from the applications filed on and after December 12, 1980. The maintenance fee must be paid at the stipulated times to maintain the patent in force. After the patent has expired anyone may make, use, offer for sale, or sell or import the invention without permission of the patentee, provided that matter covered by other unexpired patents is not used. The terms may be extended for certain pharmaceuticals and for certain circumstances as provided by law.

All the previous Batmobiles were given a 14 year patents. The Tumbler may carry a 20 year patent since is was scratch built. I need to do more research on that one.

Sorry; I forget from time to time.


Last Edited by Kevin: 11/6/2005 4:16:31 AM

 From: Tim | Posted: 11/6/2005 3:18:34 AM |
Bawitdaba

Posts: 2411
RE: Patent

The patents on the Batmobiles were design patents, which expire in 14 years. No maintenance fees are required for design patents

D. 205,998
D. 311,882
D. 375,704 (see also D. 389,111)




Last Edited by Tim: 11/6/2005 3:34:07 AM

 From: Kory | Posted: 11/7/2005 1:52:47 AM |
Shut up!!!

Posts: 58
RE: Patent

Thanks for the info Tim

THERE CAN BE ONLY ONE

 From: ILOVEBATMAN | Posted: 11/7/2005 3:49:55 AM |

Posts: 105
RE: Patent

so...14 years from 1989? Or what....? Sorry.

Last Edited by ILOVEBATMAN: 11/7/2005 3:50:10 AM

 From: Kevin | Posted: 11/7/2005 4:08:25 AM |
"Not"

Posts: 906
RE: Patent

It is 14 years from the date of the patent was approved, Nov 6, 1990. It expired on midnight Nov 5, 2004.

The actual applied date was April 28, 1998.



 From: ILOVEBATMAN | Posted: 11/7/2005 4:14:05 AM |

Posts: 105
RE: Patent

sooo, no more WB going after anyone...right?

""Where all the white women at?""

 From: Kevin | Posted: 11/7/2005 4:16:52 AM |
"Not"

Posts: 906
RE: Patent

That all depends on what you do with the car. As long as you don't openly make money with the car or misrepresent it or WB.


 From: Tim | Posted: 11/7/2005 6:51:38 AM |
Bawitdaba

Posts: 2411
RE: Patent

WB can "sue" you for anything they want. They can't really sue you for patent violation anymore but that was only one thing. They can claim just about anything they want to and take you to court over it. They could claim that you are somehow damaging the Batman image. I'm sure their lawyers could come up with any number of avenues to go after you if they felt the need. Now they may lose, but are you prepared to put up all that money to go to court and defend yourself?

Now if you're a fan a home building your own car for yourself they probably couldn't care less. If you're building them for money they may have something to say. Anytime someone is profiting from something that a company sees as their property, they will have an interest in putting a stop to it. I think even you guys who say that you're going to use the car for charity work are on thin ice even though you're raising money for charity. Are you going to take your car to the children's hospital? There's always the old scenario of what happens when "Batman" and the "Batmobile" run over one of the children?


Last Edited by Tim: 11/7/2005 11:17:21 AM

 From: lincolnmrk66 | Posted: 11/7/2005 10:50:15 AM |

Posts: 123
RE: Patent

You have a very good point about the liability issues, and I for one, would not like to go toe to toe with the likes of Time warner/WB in a court of law....ever! I think a person would be destroyed in court if put against them.

Money talks.....


Last Edited by lincolnmrk66: 11/7/2005 10:50:40 AM

 From: BatDemon | Posted: 11/7/2005 12:38:09 PM |

Posts: 138
RE: Patent

Lawyers fees alone would probably crush most people. You'd be lucky to settle out of court. Anyone hear of any new lawsuits since the patent expiration?


 From: Kevin | Posted: 11/7/2005 9:32:50 PM |
"Not"

Posts: 906
RE: Patent

Tim is right on, WB doesn't care about the little guy. They care about there image and is any one making money off of it.
Andy P. was the only one I know of recently who has actually been taken to court. Several individuals have been sent C&D orders from WB, some from this very board.
If an individual turns some one into WB. WB will then take what they feel is appropriate action against them. On the most part if you keep a low profile and don't cause trouble they will ignore you.



 From: ILOVEBATMAN | Posted: 11/8/2005 1:06:48 AM |

Posts: 105
RE: Patent

well thats good to hear

""Where all the white women at?""

 From: Bat-Bill | Posted: 11/17/2005 10:05:26 PM |

Posts: 122
RE: Patent

What were the Board folks sent the CnD letters for if they weren't trying to make money from the car?

It makes me wonder if perhaps I should just build it quietly , and without the potential problems.


Bill W.

 From: Tim | Posted: 11/17/2005 11:20:28 PM |
getting bored

Posts: 2411
RE: Patent

I honestly believe you have nothing to fear, especially since yours is more "inspired" by the 89, then an actual replica (much like mine) given your modifications. I think it's quite obvious that you are building something for fun, for yourself and won't be going into the replicar business.


 From: Nitro | Posted: 11/18/2005 12:08:42 AM |
Theshittersfull

Posts: 741
RE: Patent

Oh thats great, Tim why dont you say something about his mother why your at it.Sorry lol

Last Edited by Nitro: 11/18/2005 12:10:22 AM










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