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<P>Gusset help</P> <P>So I came up with a way that works for me to add double gussets to my AIO/pocket diapers, that I would like to sell (after the new year and some additional testing). I posted in a group on facebook, and was, kindly, informed that a company called Kanga Care (who I had not previously heard of, let alone seen their diapers) is trying to get a patent for the same style of gussets. I promise that I did not steal their idea (as I said, never even heard of them), but rather it was an idea I came up with, and I <B><a href="http://www.vougers.com/valentino-c-127/">cheap valentino shoes</a></B> am not claiming to be original, as I have seen similar gussets on other diapers, including disposables. After doing some research, I did find the patent pending article, as well as some other interesting information. Double gussets were patented in 1973 by Procter and Gamble, the makers of Pampers. The patent has since expired (20 year limit), making it free for the public to use. I also found some info on another mama, Marge T., who drafted a design for inner gussets, like what I made, in 2003. I have also attatched a link to a thread in which the mama herself confirms that she did this and made it public knowledge. With all this being said, I am wondering what I should do. I still really want to sell my diapers, and I feel that I am entitled to do so. It seems that Kanga Care does not actually have any standing to do anything, seeing as the design was drafted before the claim their company was ever created, let alone their pattern or patent application. In order for an invention to be patented it must satisfy 3 criteria:</P> <P>1) Novelty no prior examples or "art"</P> <P>Again, I bring up the fact that Proctor and Gamble have already patented (now expired) double gussets</P> <P>2) Utility Is there other technology that currently provides similar utility? If so, what is the unique advantage the invention?</P> <P>There are several other diapers being made with similar style gussets</P> <P>3) Non obvious degree to which an invention could not have been anticipated from that knowledge by experts in the field.</P> <P>Again, I bring up that this is fairly easy to do, especially given that there are free tutorials with basic instructions for making this style of double gussets.</P> <P>Here is a photo of my gussets (please excuse the messy threads, as I had not yet cleaned it up). I worked really hard to come up with this diaper, gussets included and will be very upset if I can not sell them. I have spoken directly with one of their legal advisors, who has informed me that since I can prove prior art and show that I could have easily drafted my design using a document (which was shared and documented publically) dating prior to the actually patent application (in this case several years prior), I have no reason to assume I am doing anything illegal. Furthermore, should this company try to come after me, I can file a counter claim, showing proof of these prior arts, which shows that my design is similar to another and possibly that theirs is not even "unique". I honestly hope that it does not ever come to that, because I really do not want the confrontation, but I feel better knowing this information.</P> <P>Actually, from what the legal advisor told me, even if the tried to come after anyone (and the did somehow manage to get a patent), we could file a counter claim, because the pattern is readily available on the internet and has been since before the were even a business (as far as the inner gussets are concerned). I have proof that someone was making them before Kanga care, which is what is called prior art and protects others who make similar products. One could simply argue that they used this earlier design, or based their pattern off of it. As for the snaps, that is so commonly used, and according <B><a href="http://www.vougers.com/valentino-c-127/">www.vougers.com/valentino-c-127/ </a></B>to the criteria, I highly doubt it would pass anyway. One of the main criteria (as stated in OP) is that it can not be an idea that can be easily duplicated (using common sense). It has to actually be something that is truely unique.</P>
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