Defensive Carry banner
1 - 2 of 16 Posts

· Premium Member
491 Posts
I'm working on an (what I believe to be) innovative new design for a holster/carrying method. My concern is, once I've made this available, what can be done about copycats?

I'd just be starting out and extremely small time initially, but established industries would be in an excellent position to adapt their construction methods and mass produce, thus losing all of my development effort.

Is there any approach to copyrighting a design? I'm not certain the approach would be patentable since it's really leveraging a number of existing ideas and technologies, just arranging them in a unique way to provide a great option for users.

This is just our take on your question. We are by far no experts in patent law. We are speaking from our experience only.

Copyright patents refer to words and books and authoring. We think you mean a design patent or utility patent.

We would not put 2 cents into a design patent for a holster, which is given on the ornamental design of a functional item .They are far too easy to get around. Change a stitch line and a few curves and it’s done. Its different looking. And we know from experience there are attorneys who will argue the copy does not have to be exact for the patent to be infringed. It only has to be similar. So for another $50,000 or $300.00 an hour, your attorney can argue with another attorney on what similar really is. Now you had better hope the product makes you money, cause if it does not, the patent is useless and the only ones who make money are the attorneys.

There are many things patented that are copied by other people and the patent holders do not defend it cause it does not make money. That’s the bottom line, does it make enough money to defend it in court.

Now a utility patent is better thing to have, that protects the way an invention is used and works. That’s a much stronger patent in our opinion. But still takes money to start and defend.

Good luck if you go this route. But I think You should just make the best product you can.

Take care
1 - 2 of 16 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.