There is a thread about how MTH, in essence, patented providing speed in scale mph to the end user. Could Lionel then patent the whistle steam effect? Could they patent the novel use of existing parts and technologies? If they could patent this feature, should they?
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MTH had it out first in their Gauge One locomotives. That would make it difficult for Lionel to patent it.
Scott Smith
Wouldn't the patent for SMPH just be for the method they use to obtain it and not the actual speed reading? Seems like there would only be one brand of automobile with a speedometer if that was the case? I would think whistle steam would fall in the same category. I know very little about patents, but this just doesn't seem right?
I think they could, but competitors like MTH could then probably use a different method and have the same effect. So I don't think Lionel would want to.
I find this both interesting and confusing. I know I am conflating two topics. But if what TheCasualCollector posted is correct (and it seems logical to me a NON-lawyer type), then Lionel could report its locomotives' speed in scale mph. I think I will pose this question in that thread.
There are two reasons for patenting something. One is that it's really, really valuable and you don't want someone to use it without royalties. The other is to prevent other people from using it, because you're going to make it painful for them by litigation. For some things, like drugs, it is truly valuable in order to assure exclusivity. You have no intention of licensing your patent, you just want to stop other people from using the same technology/principle.
Unfortunately, the second rationale has become a major reason for patenting things in our society. Setting up lawsuits is not what was intended for patents, but that's pretty much the bulk of what patents are used for other than truly unique technology or devices. The US Patent Office is, ironically, both overwhelmed by volume, and ineffective at determining when something is truly "patentable." Many or even most current patents probably should never have been issued. However, the threat of legal action, and its ensuing costs and aggravation, are often a very successful anti-competitive strategy used in American business.
I don't think whistle steam is terribly valuable, nor is Lionel interested in suing other people who use it, so the answer is likely "no."
However, the threat of legal action, and its ensuing costs and aggravation, are often a very successful anti-competitive strategy used in American business.
I can personally attest to that fact. 
Many or even most current patents probably should never have been issued. However, the threat of legal action, and its ensuing costs and aggravation, are often a very successful anti-competitive strategy used in American business.
I don't think whistle steam is either very valuable, nor is Lionel interested in suing other people who use it, so the answer is likely "no."
Your assessment is spot-on. I believe JDS Ltd was doing this way before Lionel. Based upon "prior art", an effective pre-patent search should render this non-patentable or undefendable if an invalid patent were issued.
Even if you hold a patent, it doesn't stop someone from making the item any way. It is up the patent holder to defend the patent.
Gilly
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