A trademark is relatively quick to procure compared to a patent. But a quick search shows no trademark related to the TU.
meven
Well-known
As the original poster said, it is purely for personal use and I am sure it is true, I know the guy! I believe nothing is wrong here, he just made something for himself, where is the problem here? If I could make an M8 for myself instead on buying one, I would definitely do it!
Dingo
Well-known
Thanks, meven, you don't owe me any dinner or lunch, we are even, he he.
And yes, my TU is for sale, HK$5000, anyone interested? he he he.
OK, i am sorry, as i mentioned in the title, Mr. Issac, that i didn't intend to interrupt you business, i did it just for personal use, and more importantly, for fun.
BTW, i'm making a mini TU for my screw-mount Leica, you guys will see it later.
And yes, my TU is for sale, HK$5000, anyone interested? he he he.
OK, i am sorry, as i mentioned in the title, Mr. Issac, that i didn't intend to interrupt you business, i did it just for personal use, and more importantly, for fun.
BTW, i'm making a mini TU for my screw-mount Leica, you guys will see it later.
kin
Member
Patents and Copyrights 101 - my layman understanding of the process (I'm not a professional)
Patents are for designs, ideas and physical geometry of products. Trademarks are for marks and in this case the wording "Thumbs Up" could be trademarked. But for the idea of the the TU device, it's the patent that matters.
Patents have to have novelty to succeed in application to the patent office. The TU device is unique on 2 accounts - it uses the hotshoe to attach a stablising device to the camera and the device provides a detachable thumb rest as part of the design. So if a search of prior camera device patents (yes it must be specific to camera accessories) showed that no other device had this particular novel design, then the patent can be applied for. Normally the more novel ideas in the application, the stronger the patent will be.
However, successful patent application also requires that the device is kept secret before the application is made - ie. it must not have been released into public domain at the time of the application. So in the TU case, due to the design being discussed on the net, Tim would have needed to apply prior to posting his ideas and pics of the prototypes. If he didn't do this, then the TU cannot be patented.
Also you don't need to have a patent granted for protection. Like someone said, it takes a long time for the process. You get protection rights if the application is accepted at the patent office and you get a patents pending status.
Then there are country patents and international patents. You can apply for worldwide patents (for those countries that subscribe to patent protection) or country specific patents. They cost different and some people just don't bother with certain parts of the world that will either copy their design anyway or is too small a market to make it worth protecting. In these situations, protection is not available and copies are legal.
So that's my understanding of the situation with this device. All that said, I wonder if a TU like device can be made any cheaper to the same level of quality of the existing TU? The current TUs are very well made and a joy to use. Yes, it's expensive but for such a small niche market, and made to such a high degree of precision and finish, it's probably not economically viable to make it any cheaper and still make a business out of it.
As a hobbyist, sure you can make a copy and sell it (assuming it's legal) but there probably wont be long term support and future designs if the money side doesn't add up.
Patents are for designs, ideas and physical geometry of products. Trademarks are for marks and in this case the wording "Thumbs Up" could be trademarked. But for the idea of the the TU device, it's the patent that matters.
Patents have to have novelty to succeed in application to the patent office. The TU device is unique on 2 accounts - it uses the hotshoe to attach a stablising device to the camera and the device provides a detachable thumb rest as part of the design. So if a search of prior camera device patents (yes it must be specific to camera accessories) showed that no other device had this particular novel design, then the patent can be applied for. Normally the more novel ideas in the application, the stronger the patent will be.
However, successful patent application also requires that the device is kept secret before the application is made - ie. it must not have been released into public domain at the time of the application. So in the TU case, due to the design being discussed on the net, Tim would have needed to apply prior to posting his ideas and pics of the prototypes. If he didn't do this, then the TU cannot be patented.
Also you don't need to have a patent granted for protection. Like someone said, it takes a long time for the process. You get protection rights if the application is accepted at the patent office and you get a patents pending status.
Then there are country patents and international patents. You can apply for worldwide patents (for those countries that subscribe to patent protection) or country specific patents. They cost different and some people just don't bother with certain parts of the world that will either copy their design anyway or is too small a market to make it worth protecting. In these situations, protection is not available and copies are legal.
So that's my understanding of the situation with this device. All that said, I wonder if a TU like device can be made any cheaper to the same level of quality of the existing TU? The current TUs are very well made and a joy to use. Yes, it's expensive but for such a small niche market, and made to such a high degree of precision and finish, it's probably not economically viable to make it any cheaper and still make a business out of it.
As a hobbyist, sure you can make a copy and sell it (assuming it's legal) but there probably wont be long term support and future designs if the money side doesn't add up.
35mmdelux
Veni, vidi, vici
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ken_nyus
Member
My understanding is that even if something is patented, you are free to make a "copy" for your own use.
