Glen Moyer
Director of Sales & Marketing
Thunder & Colt US
Patents
Editor:
Both letters in the PostFlight section of the February, 1995 issue expressed concern over
some patents that might affect ballooning. In the past, I have also seen other features of
balloon systems discussed in relation to some type of patent protection which might prevent
others from using these features. As a commercial balloon pilot and a retired patent attorney, I
would like to offer some insight into the patent system and perhaps calm some fears that the
patent system is somehow going to hamper our sport.
Just because someone files a patent application does not mean that it will issue and
become a valid patent. The patent office looks at the "prior art" in the field and make a
decision about the novelty of the "invention". If it has been done by others before, then the
application should be denied. The biggest portion of the application often does not even say
what the invention is. The application (or patent if it is granted) may be titled "Hot Air Balloon
System" and describe various construction or design techniques in a balloon system, but that
has no real bearing on what the patent protects. The claims at the end of the
patent are the only legal description of what the patent covers. Many times they are very
specific and are changed and limited during the application process to allow a detailed patent
to issue. Patents often issue with claims so detailed and specific that they are essentially
worthless.
The bottom line is that, until one sees a valid patent and studies the claims
section of the patent, it is not worth worrying much about the impact of a patent. In discussing
a patent, the exact coverage claimed by the patent must be taken into
consideration, not just the subject matter to which the patent pertains. Indeed, even if a patent
issues, it may be unenforceable if there is proof that it had already been done by someone
else.
Bob Hanway
Charlotte, North Carolina
Farm Aid
Editor:
We enjoyed your article on the Great Lift Revisited, February 1995). We were crewing
then, but were unaware of the event when it occurred. In the interest of fairness to Willie
Nelson, however, we have to differ with Glen Moyer in his comment about Farm Aid.
Willie Nelson’s Farm Aid, later know as Farm Aid I, was held at Champaign, Illinois in
September, 1985, apparently two years before the BFA Great Balloon Liftoff in 1987.
Vince Koers
Danville, Illinois