Is the Diagonal star patent expired?

[rolly_wood]

dear all, I am writing a divulge-style manuscript about wooden puzzles for an italian magazine on woodworking. I briefly described RD and say that the first stellation was first patented to Iffland 1946 according to STC PWPD.
Now as far as I understand it is public domain. Well, my question is: what happened to that patent? Did it expire? Had it international coverage or just Switzerland? How long patents last ?
Thank you for your help

[Canuck]

Just to add, here is the puzzle patent in question;  Swiss Patent No.245,402 to Iffland in 1946

http://www.johnrausch.com/PuzzlingWorld/chap07.htm

I remember someone posting a link to a patent site before, can't find it now?

[Canuck]

Rolly, I would suggest you post this on the 'Cubicdissection' forum as well 

[rolly_wood]

Thank you John, it iis realistic that it would  be already expired indeed. Searching the web it seems that, it depends on applications, but the "average" duration of validity of a patent is 20 years...   and it cannot be renewed. This means that also Jupiter and Hexsticks are no longer valid?

[Jack]

Hi Rolly,
There's also copyright legislation to reckon with. The Berner convention says that a design is protected until the designer is deceased for 50 years. In Europe the period is even longer: 70 years.
Happy writing, but be carefull,
Jack
 

[Canuck]

Hi Rolly,
There's also copyright legislation to reckon with. The Berner convention says that a design is protected until the designer is deceased for 50 years. In Europe the period is even longer: 70 years.
Happy writing, but be carefull,
Jack
 

Hey Rolly, change the name of the design to 'Sirius'...Stewart won't mind

[DCBluesman]

The term of a patent is the maximum period during which it can be maintained into force. It is usually expressed in number of years either starting from the filing date of the patent application or from the date of grant of the patent. In most patent laws, renewal annuities or maintenance fees have to be regularly paid in order to keep the patent in force. Otherwise the patent lapses before its term.

The term of a patent or specific "claims" in a patent may also be curtailed by judgment of a court, as where a claim or patent is held "invalid" under the relevant law, and thus no longer enforceable.

Significant international harmonization of patent term across national laws was provided in the 1990s by the implementation of the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement). Article 33 of the TRIPs Agreement provides that the

"The term of protection available [for patents] shall not end before the expiration of a period of twenty years counted from the filing date."[1]
Consequently, in most patent laws nowadays, the term of patent is 20 years from the filing date of the application. This however does not forbid the states party to the WTO from providing, in their national law, other type of patent-like rights with shorter terms. Utility models are an example of such rights. Their term is usually 6 or 10 years.

In the United States, under current patent law, for patents filed on or after June 8, 1995, the term of the patent is 20 years from the earliest claimed filing date. For patents filed prior to June 8, 1995, the term of patent is either 20 years from the earliest claimed filing date or 17 years from the issue date, whichever is longer. Extensions may also be had for various administrative delays. (See: Term of patent in the United States). The exact date of termination may be zealously litigated, especially where daily profits from a patent amount to millions of dollars, e.g., pharmaceuticals.

Other types of patents may have varying terms. For example, in the U.S., design patents (based on a decorative, non-functional design) typically have a 14-year term.

The term of patent protection may also be affected by specific multi-lateral, international agreements. Protection of patents issued in European Union countries were only enforced for three years (until 1995) against pharmaceuticals manufactured in Spain (and cheaply available). Prior to its Treaty of Accession, Spain did not offer patent protection for pharmaceutical products.

[rolly_wood]

thank you jack, the role of 'Sirius' in the manuscript is minimal: just introduce a puzzle based on RD which everybody know because it can be found everywhere at very low cost... my intention was to refer to a design NOT covered by rights and passing then to those, based on RD as well, much more complicated. It is not a treatise just few notes.. however the editorial office noted that first i said it was patented, later I said it is public domain...  Both info come from books of Stewart Coffin. It is not so critically important for the reader of such a magazine, but as jack says, it is better to be careful and know why things are...  

John I need a generic name to show that it is a widespread design.... it seemed to me that diagonal star was a sort of "mother" of all the RD based puzzles  

EDIT Thank you Lou for your exhaustive remark!

[Canuck]

John I need a generic name to show that it is a widespread design.... it seemed to me that diagonal star was a sort of "mother" of all the RD based puzzles  

Lou, you 'took the words right out of my mouth'!   

Rolly, have you sorted it out then?...

[rolly_wood]

  Your previous post confounded me... do you think I should call it sirius?  I want surely to respect and acknoledge all the genius of Stewart Coffin but do not you think the 'Sirius', all in all, is an 'ancestral' design? that we can call with a "neutral" name as diagonal star or first stellation of RD?
I am still in time to change the text... tell me freely

The matter of Jack is still unsolved: Are applicable the copyright term as in music for puzzle designs?

[Canuck]

Your previous post confounded me... do you think I should call it sirius?  I want surely to respect and acknoledge all the genius of Stewart Coffin but do not you think the 'Sirius', all in all, is an 'ancestral' design? that we can call with a "neutral" name as diagonal star or first stellation of RD?
I am still in time to change the text... tell me freely

Well...I don't think there would be any issue with using the 'Diagonal Star' terminology, nobody is going to come banging down your door with a 'swat' team to confiscate your woodworking tools   It is the 'basis' of many other 'RD' puzzle designs as you mentioned, and it most surely is in the public domain 

[rolly_wood]

The last thing I want is to contravene the fair rules of this community. I apologise not having well understood your invitation of changing the name with that proposed by Stewart Coffin. I did not really think to that design as of STC, I even forgot that he named the puzzle differently... Lee Krasnow, who recognises Stewart as his mentor, in his site call it diagonal star by designer unknown.. Anyway:
Since the matter of the rights is, to my eyes, not yet clarified (especially concerning the copyright issue, as pointed out by jack) I asked the editorial office to avoid citing patent coverage past or present. When proofs will be sent to me I will change the name too.
Sorry again.

[Canuck]

No need for apologies Rolly...as you know Stewart named his version 'Sirius' more or less because he made it by attaching prism blocks to 6 sided center blocks, and subsequently adding three contrasting colorful woods and calling it 'The Star',  now when I mentioned renaming the 'diagonal star' to the 'Sirus' after Jack posted I was alluding to the mention of 'copyright' because ironically that same name has since been used in 'satelite radio', I was merely being a 'smartass'  

Sorry if I caused you any grief

[Jack]

The matter of Jack is still unsolved: Are applicable the copyright term as in music for puzzle designs?

A couple of years ago this topic was discussed on Puzzle World; see: http://forum.johnrausch.com/cgi-bin/ultimatebb.cgi?ubb=get_topic&f=1&t=000081

The dutch (europian?) look at this matter is less rigorous than the american: a copy for yourself is not regarded a violation of copyright. Maybe this is caused by the books of Botermans, who encourages the reader to make the puzzles shown in the book for himself; he even gives (sometimes incorrect...) construction views.

Have fun, Jack.

[rolly_wood]

Very interesting... but, since I am completely ignorant about the matter, I am asking: why use the patent? it lasts less than 20 years, it costs to deposit and to maintain it, Why simply not to write down a scheme for a puzzle and put 'copyright 2009' at the bottom, pay 30$ and stay covered for 50 years after the death?
What are the differences in protections?

John, the problem is still my poor comprehension of the language, ........ shame on the dictionaries which, e.g., do not report any translation of 'smartass'. 
I separated the two words, knowing the meaning of each of them, but this did not help me enough   
Anyway I undestood