[Jewelry making - Article 00312] - Re: [Orchid] Argentium patent and patent application

[James Binnion]

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>>    Most alloy patents are just that a claim for the rights to a range
>>    of constituent elements not for the method of their use as well. 

>     Not at all true, as I clearly indicated in my post a couple of
>     days ago. Alloy patent holders will often go so far as to claim
>     _what_ is made from the alloy ("ornamental objects" et al), which I
>     think anyone would interpret as superseding _how_ you made the
>     thing. 

    The patents you are referring to claim the type of use for the
    invention. This patent claims the joining method itself, a big
    difference. 

    Of the 21 claims in the patent 14 are for the method of joining and
    only 7 are for the alloy. The first 8 claims are for the method of
    bonding then comes 2 alloy claims then another 7 method claims and
    the final 5 are alloy claims. Obviously the method of joining is a
    primary focus of the patent. 

    In claim 1 he clearly is claiming the method of diffusion bonding AS 

        1. A method for joining two elements using a silver based alloy
        having a germanium content, comprising:providing two elements to
        be joined together, at least one of the elements comprising a
        silver/ copper/germanium alloy having a silver content of at
        least 77% by weight, a germanium content of between 0.4 and 7% by
        weight, the remainder principally being copper apart from any
        impurities, which alloy contains elemental boron as a grain
        refiner at a concentration of greater than 0 parts per million
        and less than 20 parts per million; placing the two elements
        adjacent one another such that a portion of a free surface of the
        silver/copper/ germanium alloy contacts a portion of a free
        surface of the other element without interposing a filler
        material between the two free surfaces; and heating the two free
        surfaces where the two elements are adjacent one another to a
        temperature below that of the solidus temperature of any one of
        the constituent materials of the elements, thereby joining the
        two elements by a diffusion process. 

    In claim 7 he is clearly claiming a mokume gane type process. 

        7. A method according to claim 1, wherein a plurality of
        superimposed elements are joined together to create a
        multi-layered product. 

    So even if you buy your silver germanium alloy from ASCo or one of
    their licensees unless they specifically grant you permission to use
    it in diffusion bonding process you are infringing on the patent.
    Now they may grant this license to the purchasers of AS from a
    licensed manufacturer but I have not received any such information
    when I purchase AS nor do any of the resellers post or otherwise
    convey this information that I have seen.

James Binnion
jbin AT mokume-gane.com
James Binnion Metal Arts
http://www.mokume-gane.com
360-756-6550
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