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Posting an open source device for free to the world.

Started by magnetman12003, March 13, 2018, 08:27:27 PM

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magnetman12003

With respect to patenting a device if you post it OPEN SOURCE free to the world can others patent your device?

Floor

Not in the US.  To be pattented in must be new.  If published first it is no longer novel (new).

            floor

blueplanet

I think they can.
Patents can be granted for an improvement on a known device or methodology.
Heat pipe is an obvious example. It was re-invented many times.
Drinking birds were already invented in China. It ended up being patented by Bell Lab some decades later.
In the US, a judge has an authority to take off the ownership of a patent from an inventor and re-assign it to another inventor.

All the prospective inventors need is to make up some claims which appear to be totally new.


tinman

Quote from: magnetman12003 on March 13, 2018, 08:27:27 PM
With respect to patenting a device if you post it OPEN SOURCE free to the world can others patent your device?

Yes they can.
It's a first in,best dressed situation.

The only time you cannot patent a device,is if there is a device the same already patented.
I believe in order to patent a similar device,there must be a 30% change in design of the device,but it may achieve the same outcome.

tomd

The arduino board is open source. The design files are licensed under a Creative Commons Attribution Share-Alike license, which allows for both personal and commercial derivative works.  https://www.arduino.cc/en/Main/FAQ#toc3