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All Questions in Licensing >> Intellectual Property

Intellectual Property

Posted by Anonymous . updated on 12/29/2010
I have discovered a method of repairing guitars using liquid nitrogen. I am in the process of developing a jig to automate the repair process. I have considered applying for a patent for the process, as well as the repair jig, but have found a patent that seems very similar to what I am doing. Patent 6053225, held by Nisshinbo Industries Inc, Japan, is a very similar process using liquid ammonia. The patent is for a wood molding process that is generalized to any application, not just musical instruments.Before I proceed with making a financial investment in fabricating the repair jig, I have a number of patent questions:

1. Is it worth applying to patent my process using liquid nitrogen as it applies to repairing musical instruments, in light of the existence of patent 6053225? Can I do this to prevent someone else from using this process to repair musical instruments?

2. If I must pay royalties to Nisshinbo INdustries to use this process, what is a reasonable royalty rate/structure?

3. If I must pay royalties to Nisshinbo Industries, how should I best approach asking the question regarding royalties?

I am concerned about instigating royalty issues with Nisshinbo Industries, because if they do want royalties and the rate requested is unreasonable, it prevent me from making any profit, and will effectively kill this market. On the other hand, I don't want to be slammed with a lawsuit.

Also keep in mind that I have heard from word of mouth that the problem this process can fix is prevalent. However, I have no hard data to back this up. so I am really not sure how large the market would be for this kind of work.

Your advice is deeply appreciated,
Joe
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