Invention, Intellectual Property, and Income

 

 

Assignment:

Individual

-Develop a plan for dissemination of your final project

- Prepare drafts of your summary slide    (presentation.png, 1920x1080) and video clip (presentation.mp4, 1080p HTML5, < ~minute, < ~10 MB)and put them in your root directory

 

 

 

 

 

Accomplised

 

-Understood what licensing means

-Compared different type of license

-Licensed my project with a suitable license

 

 

What is Patent Licenses?

 

A patent grants its owner the right to exclude others from practicing the patented invention, and it does not give the patent owner the right to practice the patented invention. Licenses should be understood in this context.

 

Exclusive license: Under an exclusive license, a patent owner transfers all indicia of ownership to the licensee only retaining the title to the patent. From the point of view of the patent owner, he surrenders all rights under the patent (including the right to sue for infringement and the right to license) to the licensee. In essence, the licensee steps into the shoes of the patent owner and acquire the right to sub-license the patent and sue for patent infringement. However, the exclusivity can be limited by a field of use. That means that the licensee gets a promise from the patent owner that the patent will not be licensed to anyone else in a stipulated field of use.

 

Non-exclusive license: By granting a non-exclusive license, the patent owner essentially promises not to sue the licensee for patent infringement. Some people think that by acquiring a non-exclusive license the licensee acquires the freedom to operate in the space protected by the licensed patent, but this may or may not be the case. It depends on whether or not the licensee’s products infringe other patents.

Advantages of Patent Licensing

 

Not all inventors want to make or sell products or designs. Patent licensing lets you profit from the rights to your invention. You can collect royalties from sales.

-Limited Risk

-Global Distribution

-Limited Time Period

-Eliminating Patent Infringement

 

Disadvantages of Patent Licensing

-Soliciting Manufacturers

-Low Success Rate

 

Approaches to Patent Licensing

One analogy that can be helpful is to look at licensing approaches in two ways: "carrot" licensing and "stick" licensing.

 

Carrot: This is when the person you want to do business with is not practicing the patented invention. They do not have to take a license. You must convince them that your patent technology is better than what they are using. Show them how licensing your product or services will help them make money. It's all about how you market your invention.

 

Stick: This is when the person you want to work with is infringing your patent. They are already using your patent technology. In this case, you must threaten them with a court case. They will license your product — or else.

In reality, both situations involve the threat of a court case. In the carrot approach, an inevitable court case is just implied. In the stick approach, it is directly stated.

If you manage to get a large company to license your patent, you will get a lump sum payment that covers their past use of the product. You will also receive money based on future use.

Final project:

 

My final project is a hologram device that can be used for communication, but the limitation of the hologram is not limited by that. As VR became a revolution when Google introduced VR cardboard, This type of Hologram has a wide variety of uses in the different field. So the type of license that I would choose would be Non-exclusive where I can share my ideas and design with someone, as long as they credit me for my work, and even seek the opportunity to collaborate with them in making the project better. With this in mind, I went through the types of licensing to choose one among them.

 

Types of Licensing

 

These are some of the types of open source licenses.

 

Creative Commons license

 

A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted work. A CC license is used when an author wants to give people the right to share, use, and build upon a work that they have created. CC provides an author flexibility (for example, they might choose to allow only non-commercial uses of their own work) and protects the people who use or redistribute an author's work from concerns of copyright infringement as long as they abide by the conditions that are specified in the license by which the author distributes the work.

 

MIT License

 

The MIT License is a permissive free software license originating at the Massachusetts Institute of Technology (MIT). As a permissive license, it puts only very limited restriction on reuse and has, therefore, an excellent license compatibility. The MIT license permits reuse within proprietary software provided that all copies of the licensed software include a copy of the MIT License terms and the copyright notice. The MIT license is also compatible with many copyleft licenses, such as the GNU General Public License (GPL); MIT licensed software can be integrated into GPL software, but not the other way around

 

GNU General Public License

 

The GNU General Public License (GNU GPL or GPL) is a widely used free software license, which guarantees end users the freedom to run, study, share and modify the software. The license was originally written by Richard Stallman of the Free Software Foundation (FSF) for the GNU Project, and grants the recipients of a computer program the rights of the Free Software Definition. The GPL is a copyleft license, which means that derivative work can only be distributed under the same license terms. This is in distinction to permissive free software licenses, of which the BSD licenses and the MIT License are widely used examples. GPL was the first copyleft license for general use.

 

GNU Lesser General Public License

 

The GNU Lesser General Public License (LGPL) is a free software license published by the Free Software Foundation (FSF). The license allows developers and companies to use and integrate software released under the LGPL into their own (even proprietary) software without being required by the terms of a strong copyleft license to release the source code of their own components. The license only requires software under the LGPL be modifiable by end users via source code availability. For proprietary software, code under the LGPL is usually used in the form of a shared library, so that there is a clear separation between the proprietary and LGPL components. The LGPL is primarily used for software libraries, although it is also used by some stand-alone applications.

 

BSD licenses

 

BSD licenses are a family of permissive free software licenses, imposing minimal restrictions on the use and redistribution of covered software. This is in contrast to copyleft licenses, which have reciprocity share-alike requirements. The original BSD license was used for its namesake, the Berkeley Software Distribution (BSD), a Unix-like operating system. The original version has since been revised and its descendants are more properly termed modified BSD licenses. The BSD license is a simple license that merely requires that all code be licensed under the BSD license if redistributed in source code format.

 

Apache licenses

 

The Apache License is a permissive free software license written by the Apache Software Foundation (ASF).The Apache License, Version 2.0 requires preservation of the copyright notice and disclaimer. Like other free software licenses, the license allows the user of the software the freedom to use the software for any purpose, to distribute it, to modify it, and to distribute modified versions of the software, under the terms of the license, without concern for royalties. This makes ALv2 a FRAND-RF license. The ASF and its projects release the software they produce under the Apache License and many non-ASF projects are also using the ALv2.

 

MIT VS CC

 

After reading through the brief of each license, I decide to use either MIT or CC, as they are easy to understand and use. The MIT license is one of the shortest licenses of all the major recognized open source licenses. The full text is just 3 paragraphs long. So I went on to analyze them both and find the right one.

 

Creative Commons License

 

The Creative Commons copyright licenses and tools forge a balance inside the traditional “all rights reserved” setting that copyright law creates. Our tools give everyone from individual creators to large companies and institutions a simple, standardized way to grant copyright permissions to their creative work. The combination of our tools and our users is a vast and growing digital commons, a pool of content that can be copied, distributed, edited, remixed, and built upon, all within the boundaries of copyright law.

 

Three “Layers” Of Licenses

These are some of the advantages of choosing CC license

 

Legal code

Each license begins as a traditional legal tool, in the kind of language and text formats that most lawyers know and love. We call this the Legal Code layer of each license.

 

Human Readable

The Commons Deed (also known as the “human readable” version of the license)is a handy reference for licensors and licensees, summarizing and expressing some of the most important terms and conditions. Think of the Commons Deed as a user-friendly interface to the Legal Code beneath, although the Deed itself is not a license, and its contents are not part of the Legal Code itself.

 

Machine Readable

Machine-readable license design recognizes that software, from search engines to office productivity to music editing, plays an enormous role in the creation, copying, discovery, and distribution of works. In order to make it easy for the Web to know when a work is available under a Creative Commons license, "machine readable" version of the license is provided.

 

Types of licenses

 

Attribution (BY)

Licensees may copy, distribute, display and perform the work and make derivative works and remixes based on it only if they give the author or licensor the credits (attribution) in the manner specified by these.

 

Share-alike (SA)

Licensees may distribute derivative works only under a license identical ("not more restrictive") to the license that governs the original work. (See also copyleft.) Without share-alike, derivative works might be sublicensed with compatible but more restrictive license clauses, e.g. CC-BY to CC-BY-NC.)

 

Non-commercial (NC)

Licensees may copy, distribute, display, and perform the work and make derivative works and remixes based on it only for non-commercial purposes.

 

No Derivative Works (ND)

Licensees may copy, distribute, display and perform only verbatim copies of the work, not derivative works and remixes based on it.

As per the license selected the project can be determined as, least open to most open. The following images will give an idea about the same.

MIT license

https://opensource.org/licenses/MIT

A short, permissive software license. Basically, you can do whatever you want as long as you include the original copyright and license notice in any copy of the software/source.  There are many variations of this license in use.

This paragraph is the entire license itself.

Copyright <YEAR> <COPYRIGHT HOLDER>

 

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

 

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

 

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

CAN:

-Commercial use

-Modification

-Distribution

-Sublicense

-Private Use

 

Cannot:

-Hold Liable

 

Must:

-Include copyright’

-Include License.

 

This summarizes the entire MIT license

 

Choosing the License

 

As I mentioned earlier the project has many possibilities. So I would like to choose a license that allows the user to modify, share and edit the design as long as he/she gives credit and does the same.

Most of the other license is great for open source projects, as they have very minimal restrictions and no modifications be done to them, while in CC license the user gets to choose certain sub-division within the license as per his/her requirement. Another major factor to use CC licenses for my purpose is that MIT and BSD license is used mostly for software licensing and CC is for Design.

So I used CC to license my project

 

The right type of License can be chosen with the help of a license picker.

https://creativecommons.org/choose/#metadata

License Features

This shows the icons of what the license type is and if it's a free culture license or not.

Selected License

The next column is the machine readability we saw earlier. It will help in google searches and other forms of electronic searches.

Machine - Readability

The next part is to copy the embedded code on to the website

Embedded Code

The following icon shows under what terms my project is licensed.

Possibilities to Probabilities

 

Possibilities:

 

The hologram produced is actually 2.5d and is not 3d. Yet the type of projection is new and is quite exciting for the viewer. The possibilities are endless with this idea.

 

-Used as learning tool to teach kids in an interactive way

-Used in video conferencing

-Used for games and gesture controlled activity

-As virtual home assistant

-Product display and showcasing

 

Not just in one field, but this type of display can be used in multiple areas.

 

Making them Probabilities:

 

-Advertising the project on Social media as its one of the most powerful tools these days.

-Make the project open and available to developers, so they can make apps and improve upon the software of the product

-Once the product is complete, I can raise money through a strong campaign on Kickstarter.

-There are a lot of companies working on such devices, so collaborating with them is an option to build a better product like there are home assistants like Alexa and Google, whose software can be given an avatar to virtually display them using this method.

-Simplification of design so it's easily available for all

-Attachment of various sensors, like gesture, motion etc can bring in a whole new range of uses to the system.

 

 

Final Project Slide & Video

 

The Slide can be accessed from here

The video can be accessed from here

Conclusion

 

I read through what licensing means, how to license my own project.  Its easier to choose a license when you already know whats required and what you want out of the licensing. Apart from that thinking how my project can evolve was an eye opener as I have mentioned there are a lot of possibilities for this product to evolve.

WEEK 19

This week is about what happens when a product is complete or an idea for a product is born. How to patent that idea, or share the knowledge with someone. Neil spoke about a lot of problems faced while patenting, breaking a patent, patent trolls etc,. The lecture was about what happens when an idea is conceived and how to go about it to make it a finished product, the legal problems that could be faced while doing so.