LoboGunLeather
US Veteran
As others have pointed out, a patent provides the holder with the exclusive rights to use of a new development or innovation for a period of years. If others make use of the patented intellectual property they must acquire the permission of the patent holder, otherwise they may be subject to legal action. Such legal action to enforce the patent is the responsibility of the patent holder and may involve considerable time and expense to exercise; there are no "patent police" or "copyright constables", nor are there publicly funded advocates to protect the holders' rights.
The idea for holsters in general probably goes back to the first guy who thought of ways to secure his weapons to his body (rocks, sticks, clubs, knives, etc). Consequently holsters themselves would be very difficult to patent, as the products have been in use in many forms for thousands of years.
The adaptation of a unique device to a holster design might be considered for patent protection. Devices such as built-in retention clips that grip the trigger guard, etc, come to mind. In such cases the unique device is the intellectual property being protected by patent, rather than the holster itself.
Even then, others might make a relatively simple change to the patented design and bypass the patent protections with impunity, always arguing that their design is unique and different than the patented device.
Designs (i.e.: shape, form, etc) in and of themselves would be unlikely to receive patent protection. Even if they were patented any number of simple changes to shape, form, stitch-lines, or other construction details would effectively negate patent protections.
Copyrights are granted for the exclusive use of a new descriptive product name (Bianchi's "Cyclone", "Askins Avenger", and others would be examples). A copyright grants the holder exclusive use of the term for marketing purposes. Should others use the copyrighted term the holder could enforce his rights by legal action (again, at his expense until the matter is settled in court, at which time there might be a judgement against the unlawful user, but even that would require the copyright holder to enforce the judgement, levy assets, attach bank accounts, etc, to collect).
Arguably, this entire field of law involves very broad and general protections for very narrow and specific rights to intellectual property. Enforcement is generally difficult, time consuming, and expensive for the holders of patents and copyrights.
Pursue your ideas, by all means, but do so after receiving competent legal advice from an attorney specializing in this field of the law.
Best regards.
The idea for holsters in general probably goes back to the first guy who thought of ways to secure his weapons to his body (rocks, sticks, clubs, knives, etc). Consequently holsters themselves would be very difficult to patent, as the products have been in use in many forms for thousands of years.
The adaptation of a unique device to a holster design might be considered for patent protection. Devices such as built-in retention clips that grip the trigger guard, etc, come to mind. In such cases the unique device is the intellectual property being protected by patent, rather than the holster itself.
Even then, others might make a relatively simple change to the patented design and bypass the patent protections with impunity, always arguing that their design is unique and different than the patented device.
Designs (i.e.: shape, form, etc) in and of themselves would be unlikely to receive patent protection. Even if they were patented any number of simple changes to shape, form, stitch-lines, or other construction details would effectively negate patent protections.
Copyrights are granted for the exclusive use of a new descriptive product name (Bianchi's "Cyclone", "Askins Avenger", and others would be examples). A copyright grants the holder exclusive use of the term for marketing purposes. Should others use the copyrighted term the holder could enforce his rights by legal action (again, at his expense until the matter is settled in court, at which time there might be a judgement against the unlawful user, but even that would require the copyright holder to enforce the judgement, levy assets, attach bank accounts, etc, to collect).
Arguably, this entire field of law involves very broad and general protections for very narrow and specific rights to intellectual property. Enforcement is generally difficult, time consuming, and expensive for the holders of patents and copyrights.
Pursue your ideas, by all means, but do so after receiving competent legal advice from an attorney specializing in this field of the law.
Best regards.
