I heard that you cannot patent most fishing lures because they imitate wild life or something to that effect, anyone know the specifics?

I'm asking because I would like to try making copies of the MS Slammer but do not want to get in trouble, or offend the original producers.

I did a quick patent search by name and found nothing.

Don't know the legalities. I remember hearing something to the effect that the lure needs to be more than 10% different as not to infringe on a patent, or something to that regards. But don't go on my word.

To make the lure different, you might go at it in a different direction. Give something extra to the lure by giving it a warming effect which causes the fish to mistake the lure for a living bait by the use of radiation of a far-infrared ray (heat) signal. You could use crushed polished Jade in your paint to get the desired effect. (don't use Graphite Silica Lucky Craft has the patent on that one).

Now you just have to figure out if all this is just plain bullcrap.  :

Don't know the legalities.  I remember hearing something to the effect that the lure needs to be more than 10% different as not to infringe on a patent, or something to that regards.  But don't go on my word.

To make the lure different, you might go at it in a different direction.  Give something extra to the lure by giving it a warming effect which causes the fish to mistake the lure for a living bait by the use of radiation of a far-infrared ray (heat) signal.  You could use crushed polished Jade in your paint to get the desired effect.  (don't use Graphite Silica Lucky Craft has the patent on that one).

 

Now you just have to figure out if all this is just plain bullcrap.  :

Definitely more than 10% difference and definitely more than 90% bullcrap  ;D

The ones I am making are different, but the operating property of the intellectual aspects are the same.

and definitely more than 90% bullcrap ;D

Not so fast Dick Tracy... Look up "Patent Publication number 2004-222617"

If they are for personal use, I wouldn't worry about it.

I suspect that your material, lip, lip angle and tail will be different as well as hooks and hardware. I think you could argue that those items constitute over 10%.

If not, just make it 10% bigger or smaller than one of their models.  ...lol

and definitely more than 90% bullcrap  ;D

Not so fast Dick Tracy...  Look up "Patent Publication number 2004-222617"

Hey,....sue me,...it was a 50/50 shot with you, I was never good at roulette anyway,lol.

Flech- Good point.  Mine are different in plenty of other ways, I use owner hooks, magnets in belly to hold hooks up, different tail, etc

If I can get them to perform where I want them to (and man, I'm close, last nights test run was sweeeeet) then I may build some over the winter and offer them to the board for a steal.

Working Girl wake-baits, available on LowBudgetHookers.com, comes with a bottle of "John Juice" (bass-o-lene shad scented lube) and working girl "working papers" with all the specifics of the handmade lure.

Red lips on the bill and BIG eyelashes.

Each one is named.  (Trixie, Bambi, Desire', etc....)

I can see the posts now in "my outtings"........"I was out with Bambi last night and the action was unbelievable......"   ;D

oh yea,....they only come in Black  ;D

I love it ;D

Judging by what Bill Simental is doing to Matt Lures I would say that you don't need to change much.

oh yea,....they only come in Black ;D

Can I get an asian one instead?  

You named your baits after strippers.  That rocks!

Big-O knows a bunch about patents.  He has went through the whole process with rage tail lures, so he can probably help you out a lot.  He's a heck of a businessman.  Shoot him a PM and see.

LBH, now just my opinion here.   I think if you used a different style of joint and changed the body shape just a little it will be your own bait.

Every bait with a lip in it is a copy of something else.

What type of wood do you plan to use and did you get the clearcoat figured out on the test bait?

The broom handle makers could also sue for patent infringement if they came with lips and hooks. If you will check with any shop that has musky baits and look at Mouldy's Hawg Caller you will see a much earlier version of the MS Slammer and at less than half the price. Very slight changes will avoid patten infringments, plus the knock off artists will probably have your version on the market before you do.

if its for personal use, i REALLY wouldnt even bother with pattents.

if you are selling them, you might want to look into it.  :-/