labrie
05-21-2018, 08:41 AM
Just a note to those of you who may do cremains art. This showed up on a glass blog craft web. It would be nice if those of you who make these or have information that may help. It is a back handed way to take away your income from your work. While I do not make these items I hate it when someone uses heavy handed practices to scare artist into submission. This is a verified post just hoping it was OK to do so here.
Art and livelyhood theft by deceit
This is Bud Graham, owner of CanalFultonGlassworks.com - Canal Fulton, OH. We are an only OHIO art gallery and hot glass production studio. Visit our website or contact Pete Vanderlaan if you want background on us.
You have not lived until you wake up one morning to open a FEDEX LETTER with a CEASE AND DECIST threat to stop all production of glass paperweights made with human or pet cremains; stop all sales, destroy all advertising, shut down your web site and report all sales of the infringed product or face a LAW SUIT or "we can discuss licensing of our patented product"?
Did that get your attention? This is legal theft created by an overwhelmed ( I say this with some degree of indignation) US Patent office and an 'Inventor" who while sighting related prior patents, willfully did not inform the patent office of existing, non patented prior art as illustrated by existing websites, advertizing, delivered art works etc. before November 15th, 2011 Date of (Provisional Patent application / Final Patent US 8,627,555 B2 - issued Jan, 14th, 2014).
NOTE, to qualify for PRIOR ART one must prove the existence, sale, public advertisement ETC, ONE YEAR PRIOR to the Provisional Patent application date IE PRIOR to NOVEMBER 14th, 2010. Even if you have made / sold / marketed; cremains infused art glass prior to this date and can't prove it; the Patent Holder can stop your sales and in effect either shut you down or become your silent partner, IE protection racket!
If you made cremains infused orbs, eggs, rounds, IE solids; with a typical 2 gather process; encasings the first gather containing the shaped (twisted to form a helix) picked up cremains and or colored frit this patent affects you.
To understand this threat visit:
http://patft.uspto.gov/netahtml/PTO/srchnum.htm Search for 8,627,555 B2
Download a copy of the patent, read it carefully. If you make cremains infused hot glass art glass; anything like the shape / process description / helix shapes, ETC. described in the Patent CLAIMS (See bottom quarter of column 8 to the end of the document).
I encourage you to take two steps:
1. Round up and safe keep your records of production, sales, advertizing, catalog promotions, trade shows, new paper articles - IE anything PRIOR to NOVEMBER 14th 2010 so you are ready to defend your prior art position should you too receive a "Scarlet Letter". Visit: http://archive.org/web/
For web based saved images of web sited by DATE for records accessible this way.
AND
2. Please share your PRIOR ART PROOF here so we can build a case against this patent to protect all our individual businesses. To be clear: we need copies of print advertisement, catalog pages with dates of distribution, newspaper articles and finally proof of commercial sales to individuals and or funeral homes. We do NOT need sales amounts or quantities but an signed and notarized statement, preferably on a business letterhead, to the effect that they have been your customer from PRIOR to NOV 14th, 2010 for some time period AND a representative photo of your typically supplied cremains infused art work. This evidence cannot be used against you but its absence can be IE NO evidence = Patent infringement.
This stinks, the process is sometime called paten troll actions. I do not need any flaming, or complaining, I have enough of that ilk myself. You and I need real work to document that this patent should not have been issued in the first place!
The defeat of this patent will be expensive. The fee alone, to accompany the evidence of PRIOR art, to the Patent office is north of $18,000 so please do not waste time with BS.
This leads me to the 3rd request:
If you currently make cremains infused hot art glass objects and began after NOV 15th, 2010; please support us because your business is effectively DEAD unless this patent is rejected by the patent office after review.
Art and livelyhood theft by deceit
This is Bud Graham, owner of CanalFultonGlassworks.com - Canal Fulton, OH. We are an only OHIO art gallery and hot glass production studio. Visit our website or contact Pete Vanderlaan if you want background on us.
You have not lived until you wake up one morning to open a FEDEX LETTER with a CEASE AND DECIST threat to stop all production of glass paperweights made with human or pet cremains; stop all sales, destroy all advertising, shut down your web site and report all sales of the infringed product or face a LAW SUIT or "we can discuss licensing of our patented product"?
Did that get your attention? This is legal theft created by an overwhelmed ( I say this with some degree of indignation) US Patent office and an 'Inventor" who while sighting related prior patents, willfully did not inform the patent office of existing, non patented prior art as illustrated by existing websites, advertizing, delivered art works etc. before November 15th, 2011 Date of (Provisional Patent application / Final Patent US 8,627,555 B2 - issued Jan, 14th, 2014).
NOTE, to qualify for PRIOR ART one must prove the existence, sale, public advertisement ETC, ONE YEAR PRIOR to the Provisional Patent application date IE PRIOR to NOVEMBER 14th, 2010. Even if you have made / sold / marketed; cremains infused art glass prior to this date and can't prove it; the Patent Holder can stop your sales and in effect either shut you down or become your silent partner, IE protection racket!
If you made cremains infused orbs, eggs, rounds, IE solids; with a typical 2 gather process; encasings the first gather containing the shaped (twisted to form a helix) picked up cremains and or colored frit this patent affects you.
To understand this threat visit:
http://patft.uspto.gov/netahtml/PTO/srchnum.htm Search for 8,627,555 B2
Download a copy of the patent, read it carefully. If you make cremains infused hot glass art glass; anything like the shape / process description / helix shapes, ETC. described in the Patent CLAIMS (See bottom quarter of column 8 to the end of the document).
I encourage you to take two steps:
1. Round up and safe keep your records of production, sales, advertizing, catalog promotions, trade shows, new paper articles - IE anything PRIOR to NOVEMBER 14th 2010 so you are ready to defend your prior art position should you too receive a "Scarlet Letter". Visit: http://archive.org/web/
For web based saved images of web sited by DATE for records accessible this way.
AND
2. Please share your PRIOR ART PROOF here so we can build a case against this patent to protect all our individual businesses. To be clear: we need copies of print advertisement, catalog pages with dates of distribution, newspaper articles and finally proof of commercial sales to individuals and or funeral homes. We do NOT need sales amounts or quantities but an signed and notarized statement, preferably on a business letterhead, to the effect that they have been your customer from PRIOR to NOV 14th, 2010 for some time period AND a representative photo of your typically supplied cremains infused art work. This evidence cannot be used against you but its absence can be IE NO evidence = Patent infringement.
This stinks, the process is sometime called paten troll actions. I do not need any flaming, or complaining, I have enough of that ilk myself. You and I need real work to document that this patent should not have been issued in the first place!
The defeat of this patent will be expensive. The fee alone, to accompany the evidence of PRIOR art, to the Patent office is north of $18,000 so please do not waste time with BS.
This leads me to the 3rd request:
If you currently make cremains infused hot art glass objects and began after NOV 15th, 2010; please support us because your business is effectively DEAD unless this patent is rejected by the patent office after review.