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View Full Version : Oversized TinkerToy - Anyone Have a File?



gerryv
07-31-2009, 08:13 AM
Being a dedicated tinkerer, I've been thinking it would be fun to create a theme in my rec. room based on giant sized Tinkertoy. For reasons beyond me, my wife suggests I set it up in my workshop instead...

I did a search of the forum but found no reference to this. Has anyone created scaleable SB files to make the various parts? As far as I know, design patents have a life of 14 years so I'm assuming that doing this would not be a problem as long as the name Tinkertoy was not used - don't hold me to that though :-)

magic
08-01-2009, 12:22 PM
Under US law, you are allowed to make one, of anything, for personal use, I believe. There are different laws in different parts of the world too.

But all you need is a 4 axis machine that drills holes in the perimeter of a disk. Do you have an indexer?

khaos
08-01-2009, 12:55 PM
Well how big are you talking? The wheels would be a 3' diameter? If so cut the wheels in 3-4 platters. Then use a hole saw or a big forsner bit to make your holes on a drill press or even by hand if you had to ..

khaos
08-01-2009, 01:15 PM
BTW: Tinker toys were debued 1914 at the NY worlds Fair. July 28, 1936 the patent 2,049,208 for tinkertoys was issued.

Pontification to follow:
Patents last 20 years from the date of filing. However, a patent on a base concept will not prevent you from applying for a patent on improvements to the base concept. For example, the cell phones of today are filled with innovations not present in Bell's original telephone. A patent gives you the right to exclude others, but not a right to practice the invention. For example, you could exclude others from using your improvements, but still not practice your invention without a license from the patentee of the base concept. However, if your improvements represent a desirable area of expansion for the company owning the base patent, this type of situation usually works itself out as a business deal between the two companies to cross license patents or work together. (credit to Mason Boswel)

gerryv
08-01-2009, 03:03 PM
Joe & Magic: I'm planning on getting an indexer so was thinking that this might be a fun way to start working with it with some simple turning and drilling on the wheels and slotting on the rod ends.

Joe: Holly Smokes, 22 years to issue, that's makes today's 2-3 years seem great by comparison. It doesn't seem to make sense that the patent would only finally issue a number of years "after" expiration of the 20 years (actually 14 back then) that protection is granted from the initial date of filing.

In most countries in the world, you cannot even apply for a patent if the apparatus has been publicly disclosed so I wonder how they managed that - ongoing litigation maybe and then only for coverage within the US? True, the US is a rare exception to this no previous public disclosure rule, but only as long as the inventor (or assignee) is not asking for broad-based international coverage. In the case of design rather than utility patents, it's still only 14 yrs in the US I believe - I wonder which type Tinkertoy applied for.

Regarding your next comment, they wording used by the USPTO, WIPO, etc. is meant to be interpreted as, it gives you the right to exclude others from practicing (building/using/selling/etc). your patent and while it does not necessarily grant or guarantee you the right to practice your invention (it may conflict with certain laws, regulations, etc. for example), it does, in effect grant you the exclusive right to practice it for 20 years assuming you're not prevented from doing so by over-riding laws, etc. but only in the country(s) where the patent has been granted of course. If you weren't allowed to practice your own patent there would be no point to having it :-)

All that said, you must be able to demonstrate that you are practicing it if someone else wants to go ahead and develop and sell it. If you're not then you must grant them a reasonable license (usually meaning you get royalties) or, if you refuse, they can proceed to have your patent nullified.

I do agree about applying for new patents on the improvements. My understanding is that I could still do as many knock-offs of the expired art as I want to as long as I did not incorporate the newly patented novel features.

Magic: Interesting comment about being allowed to make one only for their own use. I wasn't aware of that. I wonder if it applies only to individual but not corporations?

rnels
08-01-2009, 06:20 PM
Gerald,

Could you use platters like Joe suggested and carve out a half round (or even square - using square pegs) on each platter and glue the two together. To do a 36 inch on the indexer would probably require a special setup.

Something like this:


6991

To do this without Aspire or ArtCam for the 3D half round you could purchase a larger ballnose or ?? (which would be faster).

Randy

magic
08-02-2009, 01:06 PM
Gerald

It's for individuals only

The laws are different in different parts of the world.
The person who proves they invented a device is the owner in the US but the first person to apply, in many other countries, is the owner.

Moral... keep records of your development.

curtiss
08-03-2009, 07:24 AM
Usually the first visit to many patent attorneys are free, and they can provide some wisdom as to the value of the rather expensive process. Minor changes to existing items are difficult to patent.

As China does not tend to honor any patents, they can mass produce almost anything if they see a market for it.

khaos
08-03-2009, 07:47 AM
I was interested in the Patent angle. Nobody is going to come into your house and say you cant design it this way or that. Primarily as its self use and your not creating a product to sell or distribute.

I want to see pictures of the whole process, before, after. Everything.