How do you patent a trout fly

D

Doubletaper

Just finished a River Runs Through it!
Ok, I'm sitting around today with a bad case of poison ivy that I got on the So, Branch the other day wondering what to do with myself,so I go to my man cave and start messing with a bunch of fly tying junk and come up with a masterpiece of a fly. So I want to try and get royalties on my version of a already very popular fly.How do you go about something like this? Thanks in advance for ALL the responses
 
Your version of an already popular fly , I think that's pretty tough . Lots of guys tie different versions of the wooly bugger for example , but nobody get royalties from them . I think you have to submit your fly to umpqua or orvis or rainys and then if they pick it , you get some kind of royalty . This should be an interesting thread .
 
You are on the wrong site for posting this thread. I know from experience. You will be chastised and ridiculed if you come up with something different. You will be told that has been developed already even if it hasn’t. Most of the guys on the site will agree with your and encourage you creative talent. There are an ignorant few who have no imaginative ability to come up with a new pattern and find it necessary to diminish your talents. They hide behind arrogance to justify their own creative deficiencies. I really could give a $hit what they think of me or my flies. I will keep posting the patterns that I believe to be unique. I could care less if they see fit to acknowledge the creative talents of a person that has the balls to post a new pattern. The Dbags know who they are. Show us a picture of the fly.
 
tomfly said:
You are on the wrong site for posting this thread. I know from experience. You will be chastised and ridiculed if you come up with something different. You will be told that has been developed already even if it hasn’t. Most of the guys on the site will agree with your and encourage you creative talent. There are an ignorant few who have no imaginative ability to come up with a new pattern and find it necessary to diminish your talents. They hide behind arrogance to justify their own creative deficiencies. I really could give a $hit what they think of me or my flies. I will keep posting the patterns that I believe to be unique. I could care less if they see fit to acknowledge the creative talents of a person that has the balls to post a new pattern. The Dbags know who they are. Show us a picture of the fly.
Click to expand...

Come on.... are you still sore about the cased turd or whatever you called it?
 
Doubletaper said:
So I want to try and get royalties on my version of a already very popular fly. How do you go about something like this?
Click to expand...

so you tied a variant and you want royalties?

how much in royalties do you expext?

have you contacted a patent attorney to do a search on your variant?

do you need a patent to receive royalties?

are you sure somebody else hasnt come up with your variation?

you should contact the big fly tying houses on how to submit your fly for considerstion to the catalog (that would be how youre gonna get any royalties)
 
I would also hope that anyone who is concerned and seeking patent protection of their own fly creation would be respectful and show reciprocity and thoroughly research any existing pattern to be sure it is not patent protected before attempting tie a duplicate fly.
 
I think we have forgotten two important points before we get any royalties , 1 you just invented this super terrific fly yesterday and haven't even caught a fish on it yet , do we know it works ? 2 you need a catchy name for this fly , like " the super terrific atomic twinkle bomb" or " RRTU FTN 4/24 " catchy stuff like that will empty those fly bins for sure.
 
just curious..what possibly could any royalties of a fly amount to? maybe enough to buy an ice cream in 20 yrs? is there even legit patents on flies? i dont even know..A brasko,, help me out here.:)
 
If you're like me, you invent a new fly every time you try to make an existing pattern and screw it up, or substitute something else for a material you don't have.

Most of my mistakes catch fish....
Are they patentable?

On the few occasions when I think I've made an innovation, a "Google" search will usually reveal "prior art". If I don't don't find it, I can post it here, and someone else will tell me who already did it.

BTW: A patent only protects you from commercial exploitation. Anyone can still (legally) tie it for his/her own personal use.
 
Well I think the patent on the fly is just the ground work for the book . I do have a great idea , I say we take this fancy trout smashing pattern and take it to the one bug . If you win the the one bug with the super atomic twinkle bomb , then we start talking DVD .
 
Lloyd said:
Well I think the patent on the fly is just the ground work for the book . I do have a great idea , I say we take this fancy trout smashing pattern and take it to the one bug . If you win the the one bug with the super atomic twinkle bomb , then we start talking DVD .
Click to expand...

Ok thanks for the replies,was only looking for direction. I will call the major fly companys and see what they say. With Andys reply he must of went through the same responses.
 
Your not really planting a flag anywhere with a new fly. I would imagine that if it floats or sinks, prior art exhists out there, purely by the definition of what a fly or lure is. If you did come up with some sort of "unique" pattern, your claims would probably be so narrow that anyone could get around them by just substituting material, color, etc. (assuming that your claims are even patentable). Plus it probably costs between $5-10k to go through the process, how would you make a return on that investment?

SIMMS is a lawyer, what do you say?
 
I got a rise to my strike indicator yesterday... I have two different colors, should I put a hook on it and apply for a patent?
 
Not being the historian that some are, I don't think there have been many patents issued for flies. The One I know of is the fly that Franz Pott pat. back in 1908 or there abouts. I think to have something concidered for patent it has to be unique, with maybe unique materials. The Potts flies had several of those steps in the fly. They were woven bodies, woven hackle. He used a lot of hair from the ears of a red oxen. He also used skunk and a couple of others. He also had the flies tyed in three steps by women in three different work shops so no one knew how the competed fly was constructed.
 
I cannot imagine being able to patent a fly pattern today. The basics are in the public domain and there are thousands of fly tyers that are constantly tying existing patterns or creating new ones to try. Using thread to wrap materials on a hook goes back a couple of thousand years and it would be difficult to prove that you "invented" a pattern. Some creative commercial tyers like to put their name on a certain pattern (e.g. Copper John) and some of the larger fly suppliers may pay a royalty to say it is the same as the pattern tied by John Barr, but a patent? I also understand some of the materials that are produced (e.g. Ice Dub) and the reason to patent that process. But fly tying is part utlitarian, and part art. We buy our tools, such as vises, from manufacturers who indeed have a right to patent their invention. But what we create with our tools is a never ending list and not the domain of one person. Fortunately some very talented individuals throughout history have been willing to share their patterns and techniques which may or may not be unique. Some fly tyers choose to write books or other publications and we have the option to purchase them and learn, but with no strings (or thread) attached.
 
A number of years ago I consulted an attorney regarding the publishing of fly patterns for a very comprehensive book on the subject that I was doing.

His legal opinion to me was that fly patterns were not subject to copyright. The listing of tying ingredients is considered similar to a recipe, which also is also not governed by copyright.

If you write a book about your new fly pattern or make a video about how you tie it, those things can be copyrighted. But you can't claim ownership of a simple list of pattern materials and tying processes.

Yes, I know your question was about registering a "patent." If you do that, you will have to prove how your creation or process is unique and different from every other similar product on the market.

Just where would we be today if all the early angling pioneers had patented their flies?
 
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