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I see so many truly unique designs all over the internet. However, my guess is that most of these people don't patent their ideas. Some of these are really great inventions, yet I highly doubt these designers are filing for patents for this stuff? What is to keep someone from stealing these ideas and patenting them themselves?
Maybe not patents, but they do have licenses for them. I'm not a patent attorney, but I would think that the license for the design would prevent a patent from being filed, but I could be wrong. Does anyone else know more about patents?
No I'm not an expert. As I see it if you publish something and the creation date is recorded it would be valid evidence later on if someone managed to patent or register the design somewhere else. Of course none of us are going to be able to afford to fight a legal battle so it's probably all academic anyway.
It does bother me when I see things popping up on Kickstarter that are using open-source technology and claiming it to be their own design, even more so when commercial companies manufacture Mendel Prusa's and the like and make a profit from open source designs.
A good question.
I hope all of this great inventions are considered
http://en.wikipedia.org/wiki/Prior_art
and thus not patentable anymore.
Prerequisit is of course that you publish it to one of the major publishing plattforms
and not on some obscure site nobody knows.
No matter which licence you choose (even with public domain)
mere publishing on a plublicly visible place acts effectively as an "antipatent".
On the other hand you pay nothing for somthing more restrictive like
CC-BY-NC or CC-BY-NC-SA-ND
So if someone violates that license what then?
As I understand the creator self can still use it commercially and even give out special permissions for others to do so (is that right?)
Sueing someone for selling your stuff without asking you will probably not recieve the same support as if you had a bought patent.
Example cases would be great - well not for the quarreling parties.
GPL works on the code only not on the idea.
CC works also on the idea too i think - but does it work on not on physical production too?
If I might add related license questions:
CC-BY-NC: when to use?
If you only want it only to be used for educational purpouses?
If you want to sell it yourself - conflict with (payed) patents?
CC-BY-SA
Doesn't this beg for the question if you leave out the SA
how much a derived work must add to the original so that usage of another license seems righteous
Meaning the original authors name can be ditched?
CC-BY-ND
No building up on this deign; but what about complete rebuilds e.g. in another CAD program?
Very interesting article on this subject:
http://www.3ders.org/articles/201310...-per-year.html
The EFF is specifically trying to find prior art for 3D printing (described here) by partnering with Ask Patents. So if you see a company trying to take advantage of someone's prior art, this seems to be a useful way to provide evidence that the patent shouldn't be granted.
Great idea, and I'm glad something is being worked out. I'd hate to see 3D Printing get a bad name for itself because of people stealing other people's inventions. I have confidence that the US and international judicial systems will do what is right and fair.Quote:
Originally Posted by Kevin
Jacoby
I think the question has already been answered, but as a professional in this field I just want to verify that what Wired1 spoke of above is very true.
Once the design is put out there, it should not be patentable (even by the person that designed it!), it is then in the public domain. So, if you want to patent something, do not ever put it out, until you have the paperwork in front of you!
However, patents are set up for corporations. It's true that individuals get patents all the time. However, individuals cannot typically enforce the patent. Patent litigation is EXTREMELY expensive. So, large companies could probably take your idea, after it is in the public domain and find a way to patent it (if they really want to). You, as the original creator, will not be able to afford a lawsuit against that corporation. So, they win.
That's just my 2 cents!
Drew
Cofounder, CEO
https://3Dagogo.com
Very good ponts DTaylor. Even if you get a patent, it would be very difficult to enforce it. I think you have some legal ramifications based on the type of license you provide with the design.Quote:
Originally Posted by DTaylor