"smjmitchell" wrote in message u...
How does FAA type certification relate to intellectual property
rights?
Simple answer is that it doesn't .... not one little bit.
I did some more research, and it doesn't seem to agree with that. If
you could shed some light on your example I'd like to look it up.
Heres the rub:
#######################
Sec. 21.133
Eligibility.
(a) Any person may apply for a production certificate if he holds, for
the product concerned, a--
(1) Current type certificate;
(2) Right to the benefits of that type certificate under a licensing
agreement; or
(3) Supplemental type certificate.
(b) Each application for a production certificate must be made in a
form and manner prescribed by the Administrator.
#######################
This _has_ to be in direct conflict with the USPTO. The only way you
can get a production certificate is if you already have a type
certificate. This means that _all_ new manufactured engines props or
aircraft have to be licensed, or designed from scratch. So every TC is
effectively a patent, with NO EXPIRATION DATE.
They can call it whatever they want. If they ban competetive
production of a product based solely on a peice of paper, it's
intellectual property law.
I can't emagine this would hold up in court. Anybody else think this a
major factor in why everything in GA is so damned expensive?
Innovators _by_law_ have to start from scratch. If home construction
was this way, we'd all be living in mud huts.
Don't get me wrong. I admire the guys designing new stuff. But this
reg basically stomps price competition. Nobody will ever be able to
price-compete because the FAA ensures that nobody can gain the
benefits of "Previous Art" ( patent lingo for: the other-dudes-stuff).
This sounds like something the French would do.
The thing that interests me, is why hasn't it been challenged? Or has
it? If it actually went to court, there could be all kinds of nasty
allegations and investigations. This does after all directly effect
market competion, and they ain't the SEC.
Anybody agree with this assesment?
-Thanks
-Matt
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