In your Pt. 4, you seem to be conflating a few issues and these issues are ideas, concepts and design features that go through the patent process and by doing so, the ‘inventor/originator’ owns that design for a term of years, which varies within product categories.
Another issue you seem to be conflating is the ‘copying of a patented design’ and the copying of something that’s never been patented (protected) before. Big difference there.
You feel that ‘patents’ “stifle innovation” and I’d disagree and if anything, they force somebody to come up with a better mousetrap, because the mousetrap you’re intending to copy, through no genuine creativity of your own, is already spoken for.
I have no problem with clones, as long as they’re not protected. Just because a person slap GANZO on a knife that is for all intents and purposes, a significant copy of a protected BenchMade design, with all of its patented features, hardly absolves them of blame.
Me copying 97% of a Luis Vuitton handbag and me calling it the ‘Chris Bag’ doesn’t cut it.
Most people aren’t experts in the manufacturing of the products that they end up purchasing, but they do lock in on the looks of X, Y or Z widget. Copying the features that define an item, or helps to build the manufacturer’s reputation for quality, especially if it’s protected, is theft, plain and simple.
Your Pt. 7, conflates copying something that has had its patent protections expire, with copying something that’s freshly protected.
Big difference there.
I’m a gun guy and I have a few Harris bi-pods. I remember when the patents expired on their BRM-S 6”–9” type bi-pod and the floodgates opened. I got a nice Outers/Shooter’s Ridge ‘clone’ and didn’t lose a wink of sleep over the I.P. aspect, but that’s just me.
No harm, no foul as they say.
Anyhow…
Chris