Reproducing Obsolete Parts

[ranchak]

I'm interested in reproducing some motorcycle parts that are obsolete. The motorcycles are 20-30 years old. I have contacted the manufacturer to receive permission, they never responded back to me (I did contact them numerous times). My questions are:

Is there a timeframe in which an OEM owns the rights to replacement parts?

What would be the "correct" way to go about this?

I will not be using their name or logo on my reproduction parts. The parts will be stated as "reproduction".

[HuFlungDung]

This is a total WAG, but I would guess that it won't matter. I think anything patented runs out of protection in 17 years. If you did happen to encroach on somebody's patent, they'd probably send you a cease and desist letter as an introduction. AFAIK, there is no automatic penalty for infringing a patent accidentally, unless you were to continue to infringe after the other party informs you of the infringement. Even then, the penalty would have to be determined by a judge according to the damage caused by the infringement.

[Geof]

I second HFD's comment, go ahead and don't worry because it is highly unlikely any patent protection still survives.

Regarding your question about an OEM owning rights to replacement parts this only happens if there is patent protection or if it is a registered design; when there is no protection of this nature anyone can make the part.

[ranchak]

I did do a patent search, nothing showed up for the parts that I want to make. I think I'll move forward and take my chances. Thanks for your help

[Runner4404spd]

i wouldn't worry about patent infringement. most parts on automotive vehicles are not patented. what you have to worry about is trademark infringement. if you try and reproduce a part that has a company logo on it, like Harley Davidson, then they can sue you and order you to cease and desist. or you can pay them a royalty for using their name.