Open source 3-D files are ripping my patents Pending
Close
Login to Your Account
Results 1 to 7 of 7
  1. #1
    Join Date
    Sep 2010
    Location
    Anchorage, Alaska, USA
    Posts
    576
    Post Thanks / Like
    Likes (Given)
    214
    Likes (Received)
    113

    Default Open source 3-D files are ripping my patents Pending

    I got all exited about this as I am into the one about 20 grand and haven't even paid out the tooling... yet someone posted files for my product.
    Now, Thingiverse is handing out my work.
    Ok, it hurt my last remaining feeling.
    After a case of beer, I decided there probably wasn't a damn thing I could do about it.

    And, well.. the printed version is no comparison to the one I make.
    I kinda need to chill on that, if someone prints one, it isn't going to be near as good as the real-deal.
    So, I am wondering, is there any defense to intellectual property?
    I dunno. I probably am getting out of control again...
    Thanks guys!
    Mark

  2. #2
    Join Date
    Dec 2014
    Country
    UNITED STATES
    State/Province
    Washington
    Posts
    163
    Post Thanks / Like
    Likes (Given)
    255
    Likes (Received)
    59

    Default

    To my understanding even with a full patent and legal team the patent is only as good as you are willing to spend to enforce it. Ive seen some large companies run small shops into the ground dancing in the courtroom and in the end they get to make the product as the small company cant keep up with the cost of support/enforcement.

    Definitely check with a lawyer.

    The best way ive seen is make it first, make it fast and make it the best. Also make sure everyone knows YOU are the one that did it first. There is some loyalty in end users to that.

  3. Likes bryan_machine liked this post
  4. #3
    Join Date
    Sep 2011
    Country
    UNITED STATES
    State/Province
    Virginia
    Posts
    22,267
    Post Thanks / Like
    Likes (Given)
    7561
    Likes (Received)
    6929

    Default

    Quote Originally Posted by BSCustoms View Post
    To my understanding even with a full patent and legal team the patent is only as good as you are willing to spend to enforce it. Ive seen some large companies run small shops into the ground dancing in the courtroom and in the end they get to make the product as the small company cant keep up with the cost of support/enforcement.

    Definitely check with a lawyer.

    The best way ive seen is make it first, make it fast and make it the best. Also make sure everyone knows YOU are the one that did it first. There is some loyalty in end users to that.
    +1 "initial consultation" with a Lawster - IP specialist, of course - is not terribly expensive. Honest and experienced one will tell you what BSC just told you. Dasn't mean you are "helpless", but there's only so much can be done "affordably". A "cease and desist" letter - also cheap - will probably NOT be good-enough if any form of "open" is in play, but you have to do it or you are seen as not "defending".

    Page Two:

    Complex World. Many Countries. Many Civilizations. Many clever minds and hands. Long history. Old stuff from hundreds of years ago dredged up and put onto the 'net.

    Hardly a Patent as was ever issued a serious researcher cannot find "prior art". The researchers of today have tools and FAST access to information the old patent offices themselves could barely dream of having, even with a Government or a King backing them.

    Unix. The operating system. Was initially developed to keep track of Bell Labs patents. And at the outset, not much of anything else.

    NOW it - or any other 'puter OS - can find prior art at a faster rate than ever. Prior art as might have invalidated a great many of the very patents it was intended to protect.

    Why is it not done every day, all day, all year?

    Because those who can hire that level of expertise do not WANT another entity's patent invalidated. They would rather negotiate an advantageous license to use it, then join in its defense.

    Cheaper that way. Just got harder for the NEXT guy to climb over that higher and stronger wall. Just got cheaper per-player to share-out the cost of beating the economic snot out of any challenger(s), too.

    Each one they beat - easy and cheap ones first, of course - makes their case look better against the next. Wall keeps getting higher and stronger. Even when it is dead-wrong. No morality to that. Do not expect it.

    As a rule God is on the side of the big squadrons against the small ones.
    (Roger de Rabutin, 1677, and there was "prior art", even then!)

    "make it first, make it fast and make it the best."

    And have your NEXT "winner" already in the pipeline. You'll need one.

  5. #4
    Join Date
    Mar 2014
    Location
    CA, USA
    Posts
    41
    Post Thanks / Like
    Likes (Given)
    0
    Likes (Received)
    22

    Default

    First things first - have you contacted Thingiverse and asked them to pull it down? It might be that easy.

    Secondly - if it is an exact knock-off and you have bothered to copyright your work, you can ask for a takedown under DMCA.

    You might find that Thingiverse will just willingly pull it down to stay out of the fight. Might just be an easy phone call.

  6. #5
    Join Date
    Oct 2005
    Country
    UNITED STATES
    State/Province
    Pennsylvania
    Posts
    11,636
    Post Thanks / Like
    Likes (Given)
    18326
    Likes (Received)
    6138

    Default

    Quote Originally Posted by snowshooze View Post
    Now, Thingiverse is handing out my work.
    Linky please ?

    So we can try and understand just where your coming from.

  7. #6
    Join Date
    Jun 2006
    Location
    Near Seattle
    Posts
    4,482
    Post Thanks / Like
    Likes (Given)
    2610
    Likes (Received)
    1127

    Default

    Not knowing what the product is, this may be a more complicated topic than already indicated.

    First, for many small things, if people can find it quickly and buy it quickly, they likely will, because 3D printing is generally slow. It's super wonderful for things you cannot easily buy, but that's it.
    (This isn't new. There is zero legal impediment to your making your own socks. Do you?....)
    So the actual *revenue loss* might be very low.

    Second, if the market niche is exactly wrong, and the reality is that the only people who want the thing are the sorts who will 3d print a feeble one and be happy with, the actual lost revenue might be zilch.

    Third, riffing on the patent issue - even if you DO get granted a sound patent, and you CAN enforce it, it often won't matter. Patents aren't allowed for the 'only one way' to do something, and more to the point, people are *very good* at working around them. (History is full of this.)

  8. #7
    Join Date
    Sep 2010
    Location
    Vancouver Canada
    Posts
    702
    Post Thanks / Like
    Likes (Given)
    470
    Likes (Received)
    238

    Default

    The situation is more like a copyright violation if they have your exact files up. Sure people can work around patents and you have to prosecute them but I would really recommend contacting thingiverse about taking them down if they're an exact match.


Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
2