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The Magic Cafe Forum Index » » The workshop » » Toe Switch patent (0 Likes) Printer Friendly Version

Eldon
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Inner circle
Virden, IL
1134 Posts

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Sorry if this is the wrong forum for this or if it has already been discussed elsewhere.

Check this out. http://www.freshpatents.com/-dt20100701ptan20100164746.php

Do you think they will actually grant a patent for the Toe Switch? It looks like it is pending. It even states that it was invented by John Cornelius in 1985. Now someone else is going to patent it?
Servante
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Inner circle
1328 Posts

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"Patent pending" usually only means that all the papers have been turned in and if anyone else tries to patent a toe-switch it can be shown that this one was already in the hopper.
It doesn't generally mean that a patent will definitely be granted. Since patents take awhile to research and grant, "patent pending" allows the "inventor" to start marketing a thing, secure in the fact that no one else can try to register a patent on it.
People try to patent all kinds of things.
My expertise isn't in patents (though I know quite a lot about copyright), so I could be way wrong...but I don't think a patent is going to happen here.

-Philip
Ruldar
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Regular user
132 Posts

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I agree with Servante that this will not likely result in any patent. I have seen situations where a company wanted to be able to advertise "patent pending" to gain the impression of newness, novelty or uniqueness at the point of product launch. In those cases, they never intended to pursue the patent to consummation.
Randy
en2oh
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215 Posts

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If you actually look at the patent in detail, the "improvement" over existing art is to place the switch on top of rather than beneath the great toe. The problem this "solves" is the tendency for the toe switch to break as a result of normal walking, due to the placement of the toe switch beneath the toe. If I recall correctly, there is a toe switch version that involves the great toe moving up, rather than down to activate the switch. If the applicant actually proposed that variation, (as might be the case since this is a continuation application), this may indeed be a successful patent application.

It is interesting who the inventor is: Yigal Mesika Smile

Doug
hugmagic
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This goes back long before John Cornelius. It was marketed by the Tape Switch company in two versions; Normally open or Normally closed. It was the same company that sold door mats that activate when you walk into a business. I think John just adapted it to magic.

Here is the link..http://www.tapeswitch.com/Switches/sw_fh_sensing_cell.html

Richard
Richard E. Hughes, Hughes Magic Inc., 352 N. Prospect St., Ravenna, OH 44266 (330)296-4023
www.hughesmagic.com
email-hugmagic@raex.com
Write direct as I will be turning off my PM's.
jay leslie
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V.I.P.
Southern California
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I have a patent. The rules in America are different from the rules overseas (In several zones)
In America, part of the regulations are: If a product has been on the market for one year before a patent was applied for, it can not be patented.

However the patent office needs to be made aware of the situation (hint).

- - - - -

On the other hand, If you can argue against the POs first rejection, as to why your idea is an "advancement of the art" you stand a great chance of success.
Patent's equal fees - fees make the world go-around.

Did you know that a Comb-Over hairstyle was patented.... just for fun?
and look at this stupid Toe puppet patent.
http://www.google.com/patents/US5830035?......&f=false
sabretooth
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Santa Cruz, CA
24 Posts

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Man! I turned the earth upside down and shook it for years! .....looking for those tapeswitches to try and fix an ol' Fism Flash.

Thanks Richard!
Christopher Taylor
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British Columbia Canada
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Regarding this application, "A person shall be entitled to a patent unless -
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States"
(35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent.)

Does anyone think like me that this means the application will not be granted?
Christopher Taylor

Member P.E.A.

www.taylorimagineering.com

MAKING MENTALISM MORE IMPOSSIBLE
Eldon
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Inner circle
Virden, IL
1134 Posts

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Quote:
On 2012-01-02 09:38, sabretooth wrote:
Man! I turned the earth upside down and shook it for years! .....looking for those tapeswitches to try and fix an ol' Fism Flash.

Thanks Richard!


Richard knows a lot of stuff. He's like the Wikopedia of Magic.
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