Jimustanguitar wrote:lordbinky wrote:I know there's patents for putting your print in a container and heat it up with a little acetone so it vaporizes the acetone and give you a glossy print.
I don't know why patents are even handed out for anything that is less significant than the secret to time travel.
I filed for a patent earlier this year (definitely a bucket list item since I want to be an inventor when I grow up), and the main thing a patent protects, if you want to bluntly overgeneralize it, is the "right to operate". You're protecting your ownership of an idea and your related right to run a business, manufacture a product, or sell something based on that idea. You also hold the right to license that technology to other people. If you're doing it yourself (privately) and not running a business or selling it, I don't think there's anything to worry about.
This brings up an interesting point though... Can an open source 'thing' infringe on a patent? If company XYZ patents a widget that you print or make for yourself by some other means, there's nothing illegal about it unless you try to sell it, right? Would an open source Roomba infringe on iRobot? Nobody is selling it, it's just a design and maker community creating it for themselves. hmmmmm I'm not sure.
While the topic is open...
You can't own an idea. You can corner the methods around the execution of that idea using trade secrets (because in some ways, they have stronger protection than patents), but I would debate that that isn't owning, either. Period.
The term "intellectual property" doesn't make any sense. I didn't come up with this, but it goes something like this: You have a pen and I have a pen. We exchange pens. Now we each have one pen that wasn't the one we had before, and we can lose that pen or it can be stolen (i.e., physically removed) from us. In that case there would be fewer pens. Now consider that you have and idea and I have an idea. We exchange ideas. Now we both have TWO ideas. Nobody can take that second idea from me.
Maybe not quite on topic, but it should demonstrate the point of ownership of an idea.
Yes, you are correct that the original, codified, intent of patents was to offer limited-time protection over the total rights to an idea. The intent was to encourage innovation, stemming from the thought that if someone's idea wasn't protected by law they might be afraid to execute that idea and release it as a sellable product. Patents give protection in return for the release of the details of the invention. If you search through many early patents, you will see that the explanations are quite detailed and much more clear than the standards used today. You will also notice many derivative inventions that reference older patents. This was the point.
About your comments of private use. IANAL, but am the co-inventor on a few patents, have spent too much time with attorneys, and had one semester of, and here's that damn term again, IP law focused for engineers and technologists (so that makes me a lawyer on the internets, right!?). Private use is *technically* covered by the patent statute, just as Polygonhell describes. The open-source "thing" I think is a bit more difficult because those designs would also be covered by copyright, and copyright often has a lower bar for demonstrating infringement.
Jimustanguitar wrote:Nobody is selling it, it's just a design and maker community creating it for themselves. hmmmmm I'm not sure.
This is where you went just a bit too far. While if you design it for yourself, the chance of any company coming after you is infinitesimally small, once you involve a community, that company is going to take much more interest and be able to make a case much easier. Also the word "design" has copyright implications once again. They might not be able to get damages, but an injunction will end your fun real quick.
While I think it's great you want to be an inventor, do some more research on the larger effects of an improperly working patent system. Especially research the number of patents invalidated when they get to court (I can't recall the percentage, but it's staggeringly high). I also don't want to burst your bubble, but patents don't hold much high-esteem in the engineering world that I've experienced. I know many engineers that all have the same attitude of "...eh, yeah the company lawyers said we had to patent it." I don't even list mine on my resume. A good idea is going to warrant appreciation whether some government office "approves" it or not.
My recommendation is that if you want to be involved in patents, be a patent attorney. They're the only ones that can make money directly off of patents, and sometimes multiple times from the same one when it comes up for litigation.
My serious recommendation for being involved in patents, if your passionate enough about it, is to get involved in technology policy. Try to affect change in the sorely broken system that seems to hinder innovation rather than encourage it.
Otherwise, be an inventor, create cool stuff, and keep doing it. As long as you continue to innovate on your own ideas and not expect the checks to keep rolling in for 17 years, you'll be fine, that is until you realize that by putting a screw in the corner of that case you probably violated someone else's patent. Oh, and don't put any kind of computer in your device...EVER! Some ass-hat in China is going to copy your successful invention whether you have a patent, or not.
It seems that I just regurgitated some of JohnStack's points, but I think that they are important enough to show that he's not the only one that feels this way.
ralphwillie wrote:Patents should only be applied to the useful and innovative software, applying it to just any software will restrict others to make a better version of your software. The invention must be useful. Usefulness is not a hard test, but simply means that the invention does something desirable.
Let's just leave the software side of this out, can we?