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3Sixty's Patent and
Intellectual Properties Policy
3Sixty has received numerous questions
over the past several months regarding it's patent policy. So,
we are taking this opportunity to describe the company's
philosophy and strategy with respect to our patents and intellectual
property.
To begin, it may be helpful to describe the legal
context of patents. A patent is a government grant of a property
right for an invention. The term of a new patent can vary, but is
generally 15 to 20 years from the date on which the application for
the patent was filed, subject to the payment of maintenance fees. A
patent bestows the right to exclude others from making, using,
offering for sale, or selling the invention in the country of grant,
or importing the invention into the country of grant. Patents are
sometimes referred to as an "exclusionary right" because what is
granted is not the right to make, use, offer for sale, sell or
import, but the right to exclude others from making, using, offering
for s ale, selling or importing the invention. Accordingly, you can
infringe another person's patent even if you have your own
patent.
3Sixty invests significant resources in
research and development. As such, 3Sixty considers it's
intellectual property, including it's Registered Trademark, a
valuable asset of the company. Like many
other companies, 3Sixty protects it's intellectual
property through a variety of business and legal strategies,
including the use of patents. 3Sixty has
acquired and filed for several patents in the United
States and abroad. In addition, 3Sixty has vigorously defended and
enforced intellectual property rights, including it's patents. While
3Sixty prefers to seek business relationships with those that wish
to use it's patents, 3Sixty has been required to seek the authority
of the Courts to protect it's intellectual property against those
who would use them without authority to manufacture knock-off
products.
3SIXTY technologies are covered by
basic US patent no. 5,471,684 submitted to the
United States Patent and Trademark Office on October 19, 1993
and granted on December 5, 1995. Subsequent patents
no. 5,715,534, 6,263,508, 6,789,267,
7,240,373 and RE38774 were issued for
improvements made to the '684 patent. All
patents, along their broadly defined claims, mean that if
you manufacture a cap or visor with an elongated band
or track attached to the lower periphery of the cap or visor, and
the brim includes a mating connector that is adapted to engage the
said elongated band or track on the lower periphery of the cap
or visor, so that the brim can be moved along the longitudinal
circumference of the periphery of the cap or visor, then you fall
within the scope of 3Sixty's intellectual property. In simpler
terms, 3Sixty's patents include the design and
manufacture of any hat that consists of a
moveable sliding brim that allows rotation along the periphery
of a cap.
3Sixty is committed to
continued innovation and technological advances. Additional patent
applications based upon the '684 patent
have been filed with the United States Patent &
Trademark Office to address other issues such as one size
adjustability, comfort, functionality, and ease of
manufacturing.
In summary, the
intellectual property portfolio related to moveable brim headwear
has given 3Sixty the exclusive right to
market rotatable brim 3SIXTY caps to a compelling 3
billion dollar baseball cap market. It has created an effective
barrier to entry for anyone else
contemplating marketing of a similar product. While
3Sixty will enforce it's intellectual property, under the right
circumstances 3Sixty will license it's intellectual property to
strategic business partners. 3Sixty will futher protect it's
intellectual property and seek opportunities to maximize it's use in
the market through partnerships and licensing where it makes
sense.
Sincerely,
3Sixty
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