"Wind Away" Patent Question
 

Wind Away Ltd has apparently gone out of business. I think that with some upgrades that the product is viable. Mainly I would use billet aluminum parts to replace the plastic clamping hardware and maybe thicker plexiglass or lexan. The problem is that there is a patent on the product (patent # 5,947,052). I would not be able to afford to buy licensing rights from the patent holder. Is there a point at which patents expire and fall into the public domain? This product will probably take off slowly, if at all, and would need to be started with minimal expenditure. Is there a way to find out exactly what part is patented and maybe design it differently? I know that there are several attorneys here and maybe I could get some advice. :)

check with a patent attorney but the changes you are proposing may be enough of a difference that it wouldn't infringe on the patent that is in place.

http://www.patentbuddy.com/Patent/5947052

20 years is the term for patents

This says its expired, it may have just not been kept up. After it is issued there are annual fees for upkeep that are sometimes expensive. If a product fails to produce i would guess fees lapse and the patent expires


I had about eight grand in this one before we ran into prior art that would have made it difficult.

http://www.faqs.org/patents/app/20110318946

The other option is in lieu of buying the patent rights you can offer a royalty to patent holder for everything you sell.... We have done this for years at the company I work for.

Or just build it, and see if anyone is paying attention. Build in some extra profit in case you have to pay a royalty down the road.

Thanks for the responses. I'll study those links later today at work :) . Ron P, that's not an option. They WILL find out because it will be advertised and I'll get sued. Royalties or patent buy-out are not going to work for me right now either. I have a friend with the equipment and skill to machine the parts and I'm certain there is a market for an affordable, better looking, wind deflector other than the ones already out there. I can't justify hiring a patent attorney either. This project will not make me rich.

Billet ***shudder***