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Question about the patent.
From: KeatonCar
| Posted: 7/13/2005 4:59:38 PM
|
Limey
Posts: 495
Question about the patent.
Hey guys, it's been ages since we discussed this. So here is my new question. We are all in agreement that Warners / DC hold on the patent has now expired, so can anyone now re-patent it, and build the car for sale purposes. If warner now sees the Tumbler as the new car, what would the legal claim be from the expired patent??????
From: Kevin
| Posted: 7/13/2005 11:53:49 PM
|
Nodeman
Posts: 906
RE: Question about the patent.
When a patent expires it cannot be re-patented or renewed, there are a few exceptions, and Batmobiles do not fall in this category. Major revisions would have to be made to get it re-patented, most likely not. Even that the patent has expired copyrights are still in place and they never expire. A likeness can be copy righted, and we all know who own the copyrights.
There is a post, I wrote a year ago on this that came directly from the US Patent office. Maybe DH knows where it is. I think Jason may have a copy of it.
Some one has already tried to re-patent the 66 and it got him turned down.
From: Kevin
| Posted: 7/13/2005 11:59:44 PM
|
Nodeman
Posts: 906
RE: Question about the patent.
Here it is I found it on Justin's sight..............
BATMOBILE PATENT INFORMATION
Gathered From the 1989 Batmobile Forum at www.ChicksLovetheCar.com
The patent # DES.311,882 was Applied on April 28,1989. The patent was approved on November 6, 1990 for a term of 14 years, it expires on November 6,2004. Patents CANNOT be renewed after the expiration date. The ONLY exception is when drug manufactures patent a new drug or process and is awaiting FDA approval; an extension can be applied for time lost during the approval period. Now; WB can and will take anyone to court, if they feel that their franchise is being infringed upon. By the use or misuse of there copyright name of Batmobile, Batman and so on. Copyrights have no expiration dates they last forever and can be transferred from individual or entity. Such as the bat emblem is copyright protected.
LEGAL STUFF
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. Under certain circumstances, patent term extensions or adjustments may be available.
From: KeatonCar
| Posted: 7/14/2005 5:07:14 AM
|
Limey
Posts: 495
RE: Question about the patent.
Thanks kevin, it was just a small hope that it could be legal to mass produce the keaton car as a kit car.
no more posts needed.
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Question about the patent.
