Exercise 18 - Invention, Intellectual Property, and Income Project Development

Assignment for this week


Patent

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.

The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.

There are three types of patents:

  1. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
  2. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
  3. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

Trademark

A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks that are used in interstate or foreign commerce may be registered with the USPTO. The registration procedure for trademarks and general information concerning trademarks can be found in the separate book entitled “Basic Facts about Trademarks.”

Copyright

Copyright is a form of protection provided to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.

The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.

Creative Commons

Creative Commons is a global nonprofit organization dedicated to supporting an open and accessible Internet that is enriched with free knowledge and creative resources for people around the world to use, share and cultivate. Although Creative Commons is best known for its licenses, CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

Plans for dissemination

I have no intention to make this a commercial project as it is an inspired project from kickstarter. I benefitted from this Fab Academy and I wish to support the idea of sharing knowlegde and ideas.

I will choose the Creative Commons license.

I will use the following:

(c) Louis Goh, June 2017

This work may be reproduced, modified, distributed and displayed for any purpose but must acknowledge Fab Academy Project 2017. This work is provided as is; no warranty is provided, and users accept all liability.

I will continue to work on the project and probably integrate more features to it. In the spirit of learning and sharing, the work files and design files for all the assignments and the final project will be made available for course assessment and interested parties to view and use under Creative Commons.

Moving forward

Moving forward, any Fablab or anyone who wishes to reconstruct this project are welcome to use the plans and files.
I would like to also share with people not from fablab to make a vacuum former if they so really need it and would also like to see improvements made by people which I may overlook at it.
A few possible option would be to start my own Blog page hosted outside of Fabacademy or even post it on instructables. And to even promote it further, Youtube could also be a source of letting people try to make my Vacuum Former!

Commercialising the product

As this was an Kickstarter inspired project, it was launched as a polished product (at around USD $430) that people simply buy it off the internet. So what could I do to reduce the price and probably market it off as a kit where people can assemble this machine themselves and enjoy the phase of making, IKEA style!

There are some things which I feel could enhance the consumer experience and safety. And probably look into a more sturdy material like aluminium pipes and better ceramic heater. I could even provide some starter materials for them to do moulding and casting.

Some steps to look into on commercialising:

References