'Unless you send something to the market, it won't send anything back to you.'

African Proverbs

Invention, Intellectual Property and Income

What is an Invention?

An invention is a unique or novel device, method, composition or process (Reference). The invention process is a process within an overall engineering and product development process. It may be an improvement upon a machine or product or a new process for creating an object or a result. An invention that achieves a completely unique function or result may be a radical breakthrough.

Who is an Inventor?

An inventor is a person who creates or discovers a new method, form, device or other useful means that becomes known as an invention (Reference). To be known as an inventor, the person must create a novel device or process.

What is Intellectual Property?

According to World Intellectual Property Organization (WIPO), Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

Types of Licenses

Drawing from the information on WIPO's domain, there are six types of IPs. These are:

Copyright: Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.

Patents: A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how - or whether - the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.

Two types of patents can be obtained: 1. Utility or Function patent (this spans 20 years from filing), and 2. Design or Aesthetic patent (this spans 15 years from grant).

TradeMarks: A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when artisans used to put their signature or "mark" on their products.

Industrial Designs: An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.

Geographical Indications: Geographical indications and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a geographical indication includes the name of the place of origin of the goods.

Trade Secrets: Trade secrets are IP rights on confidential information which may be sold or licensed. The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.

NOTE: The types of IP listed above are commercial-oriented licenses, and does not take cognizance of open source technologies or application. That been said, we now look into the types of Open Source licenses with which an open source enthusiast can protect his or her inventions.

Types of Open Source Licenses

Myth buster

Before we proceed, it is vital that one breaks a myth about what is open source or what it represents. these are stated below:

Myth #1: 'Open Source technologies are free'. Please beware of this myth. Open source does not necessarily mean free. So to all cheapstakes or opportunists out there, at times there are fees attached to been open source. However, this will be an atom compared to what you would pay for the commercial version of the product. The act of selflessness portrayed among open source enthusiasts makes it worthwhile to support them in whatever capacity we have. Below are some approaches that we all can support open source contirbutors:

Myth #2: 'Once I take the Open Source route I can no longer commercialize (make money from) my invention'. This is another myth that poses as a deterrent to the open source hardware world. As you will see later in this section, there are different open source licenses through which an inventor can reap the economic dividend from their inventions.

Having highlighted different types of commercial IP rights, we now look into how open source enthusiasts can also be protected. In case you as an inventor would like to use an open source license, but do not know which one to use. Please consult this Website.

Open source license is a license that allows the source code or design to be used, shared or modified under defined terms and conditions.

Appendix

The picture below represents a the different types of open source license, and how they can be applied.

How to Support Open Source

The methods highlighted below can be used to encourage open source enthusiasts:

Reference them. More often than none, some of us replicate the works of others without referencing them, taking the glory for what we truly did not labour for. This act in itself is an act of betrayal which discourages the inventor from sharing (or wanting to share) another project that could have a positive effect in the global space. So when next you clone or replicate the work of others, it would not do you any harm to reference the creator.

Donate to them. some of the open source platforms sometimes ask for a little token, which are optional, during downloads. Ideally, if you have the means, then you should encourage them by making a little donation.

Tell others about them. You do not necessarily have to download or replicate a project before you tell someone else about the project. If you know have any information that might be beneficial to the inventor or someone else, then share it, without expecting any reward.

The Fab Charter

Though the Fab Charter in itself is not a license. It is the 'Code of Conduct' that all FabLabs should adhere to. With respect to this section, there are some point from the Fab Charter that one could use as a pointer on how to conduct ourselves when protecting our inventions or replicating those made by others.

What is a fab lab?

Fab labs are a global network of local labs, enabling invention by providing access to tools for digital fabrication.

What's in a fab lab?

Fab labs share an evolving inventory of core capabilities to make (almost) anything, allowing people and projects to be shared

What does the fab lab network provide?

Operational, educational, technical, financial, and logistical assistance beyond what's available within one lab

Who can use a fab lab?

Fab labs are available as a community resource, offering open access for individuals as well as scheduled access for programs

What are your responsibilities?

Safety: not hurting people or machines

Operations: assisting with cleaning, maintaining, and improving the lab

Knowledge: contributing to documentation and instruction

Who owns fab lab inventions?

Designs and processes developed in fab labs can be protected and sold however an inventor chooses, but should remain available for individuals to use and learn from

How can businesses use a fab lab?

Commercial activities can be prototyped and incubated in a fab lab, but they must not conflict with other uses, they should grow beyond rather than within the lab, and they are expected to benefit the inventors, labs, and networks that contribute to their success

How to Generate Income?

As stated in the sections above, reasonable income can be generated from your inventions. However, quoting the word of Prof Gershendfeld, 'The primary motives of those Gurus who ended up generating great income from their inventions were: 1.To make the world a better place for all, and 2. To have effective approach on how they would like to spend their time.' This correlates with one of my few coined philosophies which says 'Using the urge to become rich as the reason for invention will make us walk the lanes our ancestors walked in chains.' That been said, how can one expect to generate income from his or her invention? Below are some of my tips (Please be aware that these tips are as a result of numerous open source development projects I have conducted in three continents):

Sell the knowledge: This can be done by being paid to come impact your knowledge about the machine development to people. This approach in particular gives more than the expected financial return on investment, but it also includes a social return on investment (SROI).

Sell the product: If you have what it takes, you could simply roll out a venture that develops or markets the invention. However, this requires funds, which can be sourced through the help of family and friends or through crowdfunding campaigns. There are numerous other options to generate the needed income. However, you should do a proper due diligence before you jump on any band wagon.

Donation from other users: Well, never say never. Some users who know the significance of your project might be willing to drop some few bucks as a token of appreciation for your efforts. You know 'Half bread is better than none.'

You could also generate money from YouTube and other channels. However, this might require you to have up to 100000 subscribers and more than a million views on your channel before you receive any token from the platform.

Lastly, you can now proceed to this week's assignment HERE.