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Copyright & Patents/Is this patent infringement?

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Expert: - 2/21/2010


Question
We own a small CNC jop shop in a farming-intensive area.  There are certain parts for a very popular brand of tractor that are made of a cheap material, and so break easily.  We are often called on to manufacture custom replacements for these broken parts.  The parts are not so general as a bolt or a nut, but they are not complete moving assemblies - just individual parts which we generally would make from higher grade materials than the damaged ones we are replacing.  Is it an infringement on a patent to make and market replacement parts for a brand we are not affiliated with?  Thank You

Answer
Probably not. Especially if the tractor is over 20 years old!
Patents on tractor parts are pretty rare. A new & unique machine is patentable & a patent is good for approx. 20 years from date of filing.

Remanufacturing of parts for popular tractors has been going on for many a year.
Especially relining brake parts.

I was with Auto Specialties Manufacturing Company of St. Joseph, Michigan for ten years. We were the dominent tractor brake manufacturer for the 40 hoursepower & up tractors around the world. (The old "ball ramp" tractor brakes.) So, I am somewhat familiar with the ag world.

Hope that helps!  Best wishes for the new year!

George H. Morgan
Professional Engineer (since 1957)
Patent Agent (since 1973)

Copyright & Patents

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Volunteer

George H. Morgan, P.E., Patent Agent

Expertise

U.S. Patent Law only, no copyright or trademark qualification. I was a volunteer in the past, but my homeland defense activities pulled me away at times, and I was dropped. If you want me back, I am willing to come back.

Experience

Thirty one years as a Registered U.S. Patent Agent and a lifetime in product and manufacturing process and methods development as well as sales and marketing of new products with a number of blue chip corporations.

Organizations
Rotary, Society of Automotive Engineers, American Army Aviation Association, Registered Professional Engineer, St. Vincent De Paul Society, Indiana Guard Reserve Officer

Publications
Various Society of Manufacturing Engineers & Society of Automotive Engineers technical publications. Ref. my web site: http://www.evansville.net/biz/patagent

Education/Credentials
B.S. in Mechanical Engineering (Machine Design Option), L.S.U., Baton Rouge, Louisiana; M.S. in Mechanical Engineering (Heat Transfer and Thermodynamics Option), University of Missouri at Rolla, Missouri, Helicopter Maintenance Course, 18 weeks, Ft. Sill Army Aviation School, Troop Information and Education Leadership Course, Ft. Sill, Oklahoma, Numerous Society of Automotive Engineers Seminars, Dale Carnegie Management Training Instructors Course.

Awards and Honors
Bausch & Lomb Science Award, Indiana Homeland Defense Service Ribbon, 2003.

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