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Not an IP Guy, but...
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Posted by Justin VanAbrahams [Email] (#32) [Profile/Gallery] (more from Justin VanAbrahams) on Thu, 13 Feb 2003 19:54:57 Share Post by Email
In Reply to: Any intellectual property attorneys out there?, pursang, Thu, 13 Feb 2003 17:15:49
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I'm not a lawyer, but I'm pretty sure you can build whatever you want whenever you want so long as the original isn't patented or copyrighted. I'm reasonably certain the a-arm isn't patented - double a-arm suspension technology was fairly common even in the '70s, and I don't think Saab could reasonably demonstrate their design was unique or special (to warrant a patent). It certainly isn't copyrighted, as copyrights only apply to intangibles and IP, like music, art, words, etc. Car design really isn't protectable. In fact, by and large, if you wanted to build and sell and exact copy of a Ferrari Enzo you could do it - except it couldn't have trademarked Ferrari features (such as names, emblems, logos, design cues etc.) and couldn't incorporate patented Ferrari technologies (likely certain engine designs, possibly electronics, etc.). Basic metal parts and *usually* their combination isn't protectable. Certain things - like BMW's z-link suspension, for example - are protectable, but they have to be proven unique and new before a patent is applicable.

As for your boss, that sounds like laziness or uninformed. For the most part, you can put together whatever you want so long as it isn't for profit. A baker wanting a machine shop to replicate a specific design is probably safe so long as no one proved he did it for commercial gain. Without knowing the full details of the part in question it's hard to say, but my bet is that Mr. Bakerman was probably risk-free.

-J

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