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Re: [Orchid] Argentium patent and patent application  
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From: john palmer
Date: Wed Apr 04 06:20:57 2007
 
     
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Trevor,

    Thanks for your thoughts. I admire the work that must have gone into
    developing the Argentium alloys and the passivation treatments, and
    one expects the results of that work to be protected by patents.
    Hopefully, you are correct in thinking that the argentium patent
    (and pending applications) are not formidable obstacles to jewelry
    makers who work with Argentium sterling silver. 

    Although I work mostly in gold, I see that Argentium also is a very
    attractive and practical medium. But I don't want to committ
    significant money and time to developing methods and styles that
    would infringe on anyones intellectual property. This is why I
    decided to check out the US Patent Office items pertaining to
    Argentium alloys. 

    As you surmised, I have experience with patents; in addition to
    metal working, I've been a contract designer/inventor most of my
    life. 

    The claims of the existing patent (6,168,071) cover (1st) a method
    for joining metal parts (at least one of which consists of an
    Argentium alloy) and (2nd) the alloys themselves. I assume that
    assembly of pieces using this method, and offering those pieces for
    sale, is an infringement of the patent. If you receive an
    infringement notice, the consequences are serious business. 

    Actually, I wonder if anyone in jewelry fabrication does join metal
    parts at temperatures below the solidus temperature. It is a
    relatively slow process. 

    The pending US patent application ( 20070009375) is the one that
    interests me the most. Claim 25 states that: A finished or
    semi-finished shaped article of the alloy of claim 20 (the claim
    that specifies alloy composition) is covered by the patent (if
    issued). I assume that this interprets as ANY such article. As you
    mention, things change frequently as the patent application is
    critiqued by the USPTO examiner. 

    The stated mission of the USPTO is to (1) protect the investments of
    the assignee of the patent, and (2) to inform the public in order to
    stimulate continuing technical and artistic development. It is good
    that the pending applications are made available publicly so that
    potential users can see and discuss what is in the pipeline. 

Regards,

John Palmer
Mackinac Designs
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