Mountain Hatch holes not aligned

My son and I just bought and installed the Mountain Hatch tailgate top and it looked really good, but for the price we paid you would think that the holes would be BALLS ON. Instead we had to enlarge a few holes on one side so the original screws would go in straight and not in an angle. What's up with Dat! Anyways just my thoughts, Still happy with it BUT, anyone have the same issue?

 

I would contact them and let them know. They have excellent customer service.

Along the same lines, does anyone know if they really have a "patent pending" or have any info about what the patent they have applied for is? I was sitting in a stock Silverado the other day and it had a tailgate panel with cupholders in it so it got me thinking about what IP mountain hatch owns.

 

Patent pending just means they applied for a patent, not that they have one. So they could very well of applied for a patent on a smooth tailgate panel with cupholders, but they may never actually get it.

In the United States, according to the United States Patent and Trademark Office, the expression "Patent Pending" as such does not protect an invention until the actual patent is published and/or issued:

"A patentee who makes or sells patented articles, or a person who does so for or under the patentee is required to mark the articles with the word "Patent" and the number of the patent. The penalty for failure to mark is that the patentee may not recover damages from an infringer unless the infringer was duly notified of the infringement and continued to infringe after the notice.
The marking of an article as patented when it is not in fact patented is against the law and subjects the offender to a penalty. Some persons mark articles sold with the terms "Patent Applied For" or "Patent Pending". These phrases have no legal effect, but only give information that an application for patent has been filed in the Patent and Trademark Office. The protection afforded by a patent does not start until the actual grant of the patent. False use of these phrases or their equivalent is prohibited".[5]
The use of the term "patent pending" or "patent applied for" is permitted so long as a patent application has actually been filed and is pending, i.e., has not been issued as a patent or become abandoned. If these terms are used for the purpose of deceiving the public when no patent application has been filed, or when the application is not pending, a fine of up to $500 may be imposed for every such offense.[6] Under the Forest Group, Inc. v. Bon Tool Co., 590 F.3d 1295 (Fed. Cir. 2009) decision, the current interpretation of "offense" has each mis-marked article constitutes an offense, which permits theoretical damages in the hundreds of millions of dollars for high-volume consumer goods.[7] The Leahy-Smith America Invents Act revised section 292 to say that only the United States may sue for that penalty but that a person who has suffered a competitive injury may sue for recovery of damages adequate to compensate for the injury.[8]

A provisional application, like any other patent application, also allows the applicant to use the term "patent pending".[9]

 

Yeah, I understand the law, just wondering what they actually applied for.

 

I ordered one earlier this year and had same issue. Additionally, the screws would not go in deep enough to keep the plastic grommets seated. I emailed them but never received a response so sold it to someone more willing to modify it. I have one of their earlier portable cutting boards and just use it when camping.

 

I tried a quick search for their company on the patent office but didnt come up with anything. Perhaps they have a number on their site that you can search for.

 

I did the same and couldn't find anything (or on their site). Also started literally searching through patents while I was bored on the 6 hour drive and couldn't find anything that would resemble them or their company. Not saying at all that they don't have a patent app pending. Just curious as to what it is for.

 

Yeah, I would be curious too on what they applied for. Nothing on it seems like its really patentable, Maybe the logo is patented

 

I put the pak rat panel on mine. Cheaper but not as trendy I guess

 

they sub out their machining to someone else so maybe they switched shops whose QC is more lax

 

You don't get a useable patent tracking number until its approved.

Prob a smooth panel with cupholder indents. Its crazy how generic a patentable product can be written up to block competition.

Basically all the curious designs for 1800s revolvers was to try and get around Sam Colt patenting "through-drilled holes in a cylinder" #1304a if you're curious

 

At the time there were no revolvers that were through drilled holes in a cylinder though right? We already have smooth tailgate panels, panels with cupholders, panels made out of starboard, etc. I just don't see it as new and novel.

 

Could be that they didn't get the patent since a flat plastic tailgate panel is pretty general and is why they are branding with "The Original American Made Food Grade Tailgate Insert" on their IG post. Just in case anyone comes out with a similar product after them. I have noticed that there are some other panels starting to pop up.

 

There actually was, although it was a flintlock design out of England.

I agree though, not sure what new and novel design could be patentable, but they can always try.

 

Good point.

 

I saw one recently by Bare Outfitters. It has deeper cupholders and is aluminum.

 

Yeah I saw theirs and was considering that over the mountain hatch one. I would think that its easier to clean that the food grade plastic once there's cuts and gouges in it. When I did the Mojave Trail there was a bunch of dirt and dust that made it up into my bed through the gaps around the tailgate and I have to wipe everything down since I was sleeping in the bed for the trip. I would think twice about using the panel itself as a food prep/cutting board.

 

I believe they stopped selling the MH portable cutting boards but I got a red one and it's a great size/ weight. Allows me to wash in kitchen sink and use as needed when camping. Company called Adventure Ready in Seattle sells a panel but it screws into the existing panel so i wasn't a fan.

 

It seems like something easy to patent as a "design patent" instead of a "utility patent" but how useful that would be would be up to them. Patents are pretty cost prohibitive to startups, and I would assume the only reason to file for one in this case would be to prevent Toyota, Ford, Chevy, etc... from integrating something similar at the factory, or to license the patent to them.

The most expensive part of patents are the lawyers.

 

Yeah for sure the QC is lacking