Intellectual Property and Firearms

[NSR500]

Just wondering if there are any IP pitfalls in becoming a manufacturer of firearms. I can understand that it would violate many patents if you setup and copied something like a Bushmaster ACR/Magpul Masada, but what about something old, like an AK47?
I started wondering about this when looking at 922r parts today. If you look at it, there are only so many ways to make an AK47 Trigger if you duplicate an original. So, what is the story?

[hoffmang]

Both the AK-47 and the AR-15 are generally un patent encumbered. Some of the enhancements to the AR-15 have patents but those are generally not mil-spec. You can find those enhancements and the patents underlying them by searching on AR-15 or AK-47 on http://www.google.com/patents .

-Gene

[NSR500]

Thanks for the link Gene!

[mymonkeyman]

Generally if anything is 21 years old (max., may be less depending on when patent was filed) since being released to the public, any patents on it have expired or are invalid, and you can copy the functional, non-aesthetic (i.e. not floral / other detailed engraving), non-origin designating (i.e. not trademarked logos) parts.

You can also look to see if they say "U.S. Patent No. XXXX" on some part of the gun or in the manual. The failure to mark goods you produce pursuant to a patent severely waives your ability to recover money damages. (Although this isn't foolproof, there can always be someone out there with a patent that is not producing or hasn't licensed their technology to someone who has copied it).