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Thursday, July 03, 2008

patents and locks

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What is the life of a patent, about 20 years? You would think that when Walter Schlage patented a simple key and lock mechanism almost a century ago, the patent would run out and everyone could freely use his invention. But here's how you get around that: take a design, make a minor change to it, you get a new patent. If your business can continue to hire intelligent workers for years to come, you can go several generations and corner the market on your unique idea.

At least, that was our company's plan with a inflation system for car seats. What we didn't expect was another company to come along with deep enough pockets to fund a gaggle of lawyers. They didn't have to invent a thing except the fabrication that our idea was their creation. Then it was a simple matter to eat away at our finances in court. Eventually we were faced with going bankrupt or paying royalties to this conquering company. We pay the royalties while allowing the product line languish and die.

So how is it that the Schlage keylock system is still a profitable patent? It seems that it was immensely successful when Walter started his business in the late 20s. And then in the 70s, his company was bought by the much larger enterprise, Ingersoll-Rand. Unfortunately, this business case does not seem to be the norm these days. so I have no idea how to protect a great idea from parasitic companies.

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