Week 19: Invention, Intellectual Property and Income

This final week is meant to order our thoughts regarding what comes next after our invention has been finished and we know it works. This means licensing our work and thinking about its disemination.

I scanned the different types of patents out there:

- Utility Patent:
Its a technical document that explains thoroughly how a new machine, process, or system is supposed to be used.

- Provision Patent:
Is a type of patent you can use in the USA to reserve the option of filing a formal Utility Patent within a year of its presentation.

- Design Patent:
Protects the shape or design of objects but its not limited to them (includes shapes inside a softwares interface) Examples: the shape of a bottle or the design of a shoe.

- Plant Patent:
It focuses on protecting new plants on the traditional horticulture spectrum (cutting or other non-sexual means to create a new plant).

From the options above I selected 3 different types of patents as the most beneficial for my type of invention while still maintaining the Fab's way which is opensource projects to democratize technology.

Provisional Patent

I would file this patent as soon as I have a fully working prototype so I would get a 1 year off on filing the Utility Patent.

Design Patent

Regarding the design patent I think I could try to patent the shape of my structure which at the moment is shaped as a Maple Leaf but is customization is at the center of all my creations as my vision is to take the power from big companies who become dehumanized in the way they treat their customers, therefore, I would be patenting the following designs which will be much more original.
I could also patent the shape of my PCB boards although thats a little futile right now (I've been thinking of making them extra artsy in the fututre).

Utility Patent

Since my invention is a machine it fits perfectly for a utility patent although I have inspired myself on similar ideas although none of the ones I saw looked like mine (most were recirculating close spaced hydroponics and the similar ones regarding the structure weren't automatic.

It also discloses the information which is aligned with my objective of it becoming opensource.
Before I continued I wanted to check if I met the requirements for a patent which meant I had to ask the following questions and see if my invention could comply.

1. Is it Novel: As stated above I know there are automated hydroponic plantpots and irrigation systems, but I have never seen one that has a maple leaf shape, acrylic made tanks and also electronics to control the necesary variables.
Therefore, I assume my invention could be considered novel.

2. Is it Non-Obvious: The answer is definitley non-obvious, there is copious amounts of information about the right nutrients, temperature, ph, etc for plants, some is contradictory or plant specific so it requires research and filtering to narrow it down. This means that at the very least my code you would need research or advice from an expert(although code is not protected by a utility patent). Regarding the assembly of the device only a digital fabrication expert would find it obvious as parts have been designed and either laser cutted or printed as well as milled using not so straight forward machines.

3. Is it useful: Well it grows food for you with small amounts of work so definitley.

I had some questions regarding the filing of the patent regarding the laws in Peru and how long I would have to file my patent, luckily for me Carlos Herbozo found out before me so reading his repo I found out that INDECOPI (National Institute in Defense of the Competition, Customer and Intelectual Property) lets you file your patent within 1 year of the first time you disclose information about it.

Regarding the rest of the world my patent wouldnt be protected unless I filed a PCT Patent which has been accepted by 152 countries and once it is accepted I would have 30 months to patent it elsewhere(the countries I opted for).
Since the Utility Patent doesn't protect my code or my designs(although If I had a design patent my designs would be protected) I opted to see which Creative Commons: Copyright License would be most beneficial for me.

Creative Commons: Copyrights

It was very easy, I entered the creative commons link from the archive and this questions prompted after I clicked on the get started button.


And my selected license came up once I decided I wanted people to be able to adapt my work only if it was shared with everyone but I wouldn't want comercialization of my product.


The translation for this license is: "Attribution-Non-Commercial-ShareAlike 4.0 International License".


When it comes to dissemination I got it covered, Lima's weather lacks sun and its overpopulation makes space a very valuable asset. Thats where my invention comes in handy, its customizable so if I was to make another one the structure could have the shape, size, color, and many other aspects to the client's demands.

Therefore, my market would be people living in a place that lacks space for agriculture but still want to have plants growing in their home either for the feeling they bring or as a food supply. I've talked to several people about it and most of the ones living in their appartments were astonished to find out something of the sort was being produced here in Peru so I am confident dissemination of my invention is at the very least possible.

Previous Week Home Next Week