cbj11lbs Posted March 29, 2013 Report Share Posted March 29, 2013 Reaction Innovations lists thier sweet beaver patent on thier homepage as D515, 176S. Upon looking this patent up from the USPTO official website I found that it is actually an old patent for what looks like an oven from the 1800's! Is this an accident or are they saying they hold a patent on the swet beaver when they really dont in an attempt to scare off any people who want to copy it? Lol i was expecting a fishing lure and saw an oven from the 1800's. Quote Link to comment Share on other sites More sharing options...
bflp Posted March 29, 2013 Report Share Posted March 29, 2013 Here is the patent. http://www.google.com/patents/USD515176?dq=Andre+Moore Quote Link to comment Share on other sites More sharing options...
cbj11lbs Posted March 29, 2013 Author Report Share Posted March 29, 2013 how did you find it? i searched that number in google patents and on the uspto database? what did I miss? haha Quote Link to comment Share on other sites More sharing options...
carolinamike Posted March 29, 2013 Report Share Posted March 29, 2013 Its definatly not a scare tactic, considering that he sued strike king. I know who made the production mold and the bait was patented before it came out on the market. Andre is a super nice guy but he likes to cuss. Quote Link to comment Share on other sites More sharing options...
cbj11lbs Posted March 29, 2013 Author Report Share Posted March 29, 2013 haha likes to cuss, yeah i couldnt find it save my life Quote Link to comment Share on other sites More sharing options...
anglersambush Posted March 29, 2013 Report Share Posted March 29, 2013 I thought a patent was good for 20 yrs. Looks to be 14 yrs, that would put the patent being lifted in 2020. I didn't think the beaver had been out that long. Quote Link to comment Share on other sites More sharing options...
bflp Posted March 29, 2013 Report Share Posted March 29, 2013 how did you find it? i searched that number in google patents and on the uspto database? what did I miss? haha I just searched for Andre Moore as the inventor in Google's patent search. Quote Link to comment Share on other sites More sharing options...
bryanmc Posted March 29, 2013 Report Share Posted March 29, 2013 Is he still married to Kim Bain, or is he tired of the "down under"? Quote Link to comment Share on other sites More sharing options...
MonteSS Posted March 29, 2013 Report Share Posted March 29, 2013 So what exactly is the patent for? I didnt think an entire bait could be patented. ....Bill Quote Link to comment Share on other sites More sharing options...
carolinamike Posted March 30, 2013 Report Share Posted March 30, 2013 Bill, this type of patent is a design patent so the whole design of the bait is patented, thats also probably the reason that the patent is only valid for 14 years. This is a great patent to see the difference between the type of patent that covers zoom's super chunks and the type of patent that covers the beaver, if you will notice that this patent has nothing to do with the function of the bait, just how the bait looks. That is the reason that companies can add different legs and claws and get by with selling their baits where zoom's patent claims that each little noch and ridge actually makes the bait perform a certain way. Like the patent attorney told me, zoom's patent is a well researched and very well written patent and I imagine that it was alot more expensive too. Quote Link to comment Share on other sites More sharing options...
cbj11lbs Posted March 30, 2013 Author Report Share Posted March 30, 2013 there is a utility patent also for the sweet beaver that lists its function and action as protected aspects of the bait, those sharp ribs are patented for sure based on my readings, most good patents have a design patent and utility patent from what i can tell Quote Link to comment Share on other sites More sharing options...
carolinamike Posted March 30, 2013 Report Share Posted March 30, 2013 I have searched everywhere and this is the only patent that I can find on the beaver. I think that the bait would still be protected with a ornamental design patent, reason being, if you make the body with those exact ridges then you still would be infringing because you are duplicating the design and those patent numbers came directly from Reaction's website and they list no others. Quote Link to comment Share on other sites More sharing options...
cbj11lbs Posted March 30, 2013 Author Report Share Posted March 30, 2013 hey mike, here is the utility patent, or what i would call the utility patent for the beaver, this one seems to break down its functions http://www.google.com/patents?id=WtqzAAAAEBAJ&printsec=abstract&zoom=4#v=onepage&q&f=false Quote Link to comment Share on other sites More sharing options...
powerworm Posted March 30, 2013 Report Share Posted March 30, 2013 its funny when he used the sweet beaver to win a couple of tourneys in AR it wasnt even named but after the secong win during an interview he said he would start calling his new favorite bait a sweet beaver as the wins occurred on beaver lake in nw arkansas... Quote Link to comment Share on other sites More sharing options...
mark poulson Posted March 30, 2013 Report Share Posted March 30, 2013 He did create a unique bait, and he should be able to make money from it, since it was his idea. Quote Link to comment Share on other sites More sharing options...
carolinamike Posted March 30, 2013 Report Share Posted March 30, 2013 cbj11lbs, thats what I was looking for. If you read on this patent you will notice that the patent from 2004 was abandond for the patent that you posted, Andre must have figured out real quick that he needed more than just a design patent. Quote Link to comment Share on other sites More sharing options...
MonteSS Posted March 31, 2013 Report Share Posted March 31, 2013 So, I wonder wht Yamamoto never patented the Senko (at least not that I know of). In that case, couldn't someone else patent it and stop Gary from making his own bait? ...Bill Quote Link to comment Share on other sites More sharing options...
smallmouthaholic Posted March 31, 2013 Report Share Posted March 31, 2013 So, I wonder wht Yamamoto never patented the Senko (at least not that I know of). In that case, couldn't someone else patent it and stop Gary from making his own bait? ...Bill He probably didn't want to waste money defending the patent No they can't. Yamamoto's Senko was already marketed Quote Link to comment Share on other sites More sharing options...
mark poulson Posted March 31, 2013 Report Share Posted March 31, 2013 He probably didn't want to waste money defending the patent No they can't. Yamamoto's Senko was already marketed Aren't they in the process of changing the patent laws right now so it is first to file, not first to market? Quote Link to comment Share on other sites More sharing options...
smallmouthaholic Posted March 31, 2013 Report Share Posted March 31, 2013 Aren't they in the process of changing the patent laws right now so it is first to file, not first to market? Dunno Mark- I spent a good deal of $ w/ a trademark and patent attorney 24 years ago. Lessons learned I've been told you can't patent a product that is already marketed.Bottom line- trying to skirt a patented bait w/ subtle changes of your own is begging for financial problems. You'd better have deep pockets to fight the large manufacturers Quote Link to comment Share on other sites More sharing options...
anglersambush Posted March 31, 2013 Report Share Posted March 31, 2013 That is what I was told by an attorney a few weeks ago. I don't know how it applies to a lure that is already being made, as stated by smallmouthaholic. Quote Link to comment Share on other sites More sharing options...
mark poulson Posted March 31, 2013 Report Share Posted March 31, 2013 It's just another way big companies can dominate small guys who can't afford the patent process. Sucks. Quote Link to comment Share on other sites More sharing options...
DaBehr Posted March 31, 2013 Report Share Posted March 31, 2013 The new law is "first to file"....but a lure/bait on the market would be "prior art" and therefore no patent. But...what is going to be interesting are "trade secrets"...like the 11 herbs and spices....and the formula for Coke.... since they have never been disclosed (kept as a trade secret)...there is the potential for someone to patent it. REALLY concerning for any business that has "trade secrets" vs. a patent on what/how they do something. Also of interest in our world are significant fines for listing expired patents on packaging (there have already been court cases on this that have fined $1 per package for "old" packaging found in the market) and significant fines for claiming that something has a patent...but it does not (actually already law but the new law makes it clear). Quote Link to comment Share on other sites More sharing options...
mark poulson Posted April 1, 2013 Report Share Posted April 1, 2013 What level of sale constitutes "on the market"? Quote Link to comment Share on other sites More sharing options...
