[Jewelry making - Article 00320] - Re: [Orchid] Argentium patent and patent application

[lfelcon]

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    This discussion of the Argentium Silver patent is very interesting. I
    am new to the jewelry industry, but I do have a bit of experience
    with inventing and patents. 

    In my experience, James Binnion is correct in his reading of the
    claim. Additionally, patent attorneys notwithstanding, claims are
    essentially indefensible if the patent, including its claims can't be
    understood by those experienced in the field of the patent. It is
    true that court precedents control most of the specific language used
    in the claims, but this only ensures there is no ambiguity in the
    interpretation. The claims still must be understandable to those
    experienced in the field of the invention. As far as arcane language,
    early Modern English, Middle English and Old English, are arcane. If
    you are familiar with them, you know that they are like reading a
    foreign language. I only speak English and yet I understand both
    Spanish and Italian much better than Middle English and about the
    same as early Modern English. 

    As for the patent itself, is metal alloy and more specifically,
    silver alloy diffusion bonding specific to Argentium Silver? If you
    all have been using the same methods to bond silver alloys prior to
    Peter Gammon Johns invention, then you are either not using the
    specific method he invented, or those claims in his patent, are
    likely not enforceable. Based upon what I have seen posted here, I
    suspect Mr. Johns may only find claims 8, 9, and 17 - 21 to be valid
    if the patent is challenged. 

    In the mean time, manufacture, distribution and sale of the product
    directly to those principally involved in the fabrication of jewelry
    could be argued as an acknowledgment of a limited license.
    Nevertheless, if anyone is really concerned, why don't you require
    the distributor's to provide a limited license as a condition of the
    sale. At least to the extent of quantities purchased. Also, you could
    ask your own attorneys to craft a statement in your purchase orders
    that as a condition precedent to the sale of Argentium Silver, the
    distributor affirms he is authorized to and does convey a license to
    use (appropriate language in place of use) the Argentium Silver. This
    should be followed by an indemnify, defend, save and hold harmless
    clause. 

    Anyway, you get the point. It can either be addressed pro actively
    by you in your purchase order, or you can demand the same of your
    distributer / suppliers. Obviously, the same reasoning for
    unambiguous language applies to laws of commerce and depending upon
    your State etc., language may differ. Accomplishing this should take
    less than 2 hours of time from a competent attorney and even with an
    expensive "Philadelphia, or in my case Washington, DC lawyer this
    shouldn't be over $800.00. 

    If it were me, and I couldn't afford it, I'd talk with my supplier
    and then just watch the forums and see if a cease and desist notice
    shows up or is talked about by one of the larger members. If you
    don't have significant assets to protect, it's unlikely anything more
    than a cease and desist notice would ever come your way.

Sincerely,
Larry Feller
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