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Old 05-09-2006, 08:15 PM   #4
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Kelolsen-and-Padawan
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Join Date: May 2006
Location: Maine (Brunswick)
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Re: The Truth about the Pocket Diaper -great article

I can get to it. Let me try to copy and paste:

The Truth about the Pocket Diaper
I cannot afford to challenge patent number 6,579,273 in court, so I will challenge it here on the web.

The Facts
For reference, you may view the official patent documents at the USPTO website by clicking on that link.

According to the History of Mother of Eden, Tereson Rougee created the "Pocket Diaper" in 1999 and quickly sought to patent her design. She currently holds a valid patent and is selling licenses to other companies, which gives them permission to make the diapers for personal use or for sale. The license costs $350.

According to the History of the Pocket Diaper, as stated by Happy Heiny's, Tereson was not the first person to come up with the pocket diaper design.

My Motives
This information led me to do some more investigation. If the claims are true, then either part or all of Tereson's patent is invalid. The implication is that many work-at-home-moms are being cheated out of hundreds of dollars on pocket diaper licenses. I wish that there were a way to bring this to court without spending thousands more! I feel that everyone should be able to make their own diapers freely, even for resale. Many of these moms are working hard to scrap together any amount of profit, and if the patent is indeed invalid, Tereson is robbing them of that!

My Proof
According to patent law, the patent can be challenged with "prior art." I recently purchased a "Baby Duckhead" diaper to check out for myself if it qualifies as prior art. Following are very detailed pictures of this diaper. Check it for yourself. Check it against the patent. It is possible you will reach the same conclusions that I have.

Conclusions
I cannot give you legal advice for running your business. I am not a patent lawyer. The Baby Duckhead diaper has not been altered in any way. The observations are my own, and obviously are my opinions. I have drawn my own conclusions that the patent is invalid, but this has not been proven in a court of law. As long as the patent remains active according to the USPTO, anyone making or selling the pocket diaper without a license is in danger of patent infringement. For more detailed information on patent law, click here. If you are interested in challenging the patent, I advise you to contact a patent lawyer. And I wish you success!!!

Without further ado, the pictures... click each picture for more details
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