Quote:
Originally Posted by Vipergrün
Many of you will remember my post about my sons invention, Moki Doorstep, his Kickstarter campaign and appearance on Shark Tank with the biggest deal ever. Counterfeits on Amazon have killed him and potential of business and revenue. Amazon appears to not care and tens of thousands of dollars have been spent fighting the knockoffs. Patents do not matter to these people. If you want some perspective, watch "Invalidated" and don't buy counterfeit crap!
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I remember your post, and I recall that you said he had a patent (or filed an application, I can’t recall which). At the time I wondered what was patentable in his design.
I’m assuming he has a utility patent?
A step with a hook on it that attaches to a loop isn’t really new or novel. A swim ladder for a boat that has a loop that hangs over the gunnel is basically the same thing (in the eyes of the patent office).
So if he got a utility patent on the apparatus, it’s on thin ice and if he tried to sue someone and it went to court, it would likely be invalidated. Of course it all comes down to his claim set.
If the patent is a method patent of hanging a step from part of the the door latch mechanism of an automobile and then using said step to load cargo onto the roof of the automobile, the infringers are not the manufacturers - they are the users. They also should be using the method in a commercial manner (as part of a business) to establish damages.
If he got a design patent, this pertains to the stying and form of the design. All they had to do is make theirs look different but they could perform the same function in the exact same manner.
Of course, a US patent only applies within the USA. You need to file and be granted a patent in each and every country that you want protection.
Also, a patent is merely a license to sue infringers. There aren’t really any patent police out there.
So - was he successful getting his patent granted? What type of patent did he get? Care to provide the patent number (this is all part of the public record)?