This week we decided what we will do with our final project, protect it intellectually, develop a business model or convert it into open source.
In Peru, intellectual property is regulated by the state body INDECOPI, if you would like to protect my product or final project, you would have to resort to the industrial property office, so that the protection mechanisms for new creations are used.
A patent is a Title of property granted by the State to a natural or inventor to operate an exclusive invention excluding third parties from the exploitation of an invention for a specific time and only in the territory where it is granted, to change that the invention is clearly described in a document and that it is public access.
In Peru there are 2 types of patents:
Patent of invention: 20 years of protection are granted and must meet 3 requirements:
NOVELTY: that have not been disclosed in any way (neither by written, oral description, use, commercialization or other means)
INVENTIVE LEVEL (Not obvious or obvious): that for a person with average technical knowledge in the technical field, the invention should not be obvious, nor deductible from existing technologies.
INDUSTRIAL APPLICATION: that can be produced or used in any activity or industry
Patent of utility model, 10 years of protection are granted and must meet 2 requirements:
NOVELTY: Same as invention patent
TECHNICAL ADVANTAGE: that the new form or configuration of an invention allows a better use, a different operation or add a utility that the product did not have
This is a table I made comparing investment costs and time between both patents
In the following flow diagram you can see the steps and steps to be taken to obtain the patent title
With this information, I believe that my project complies with the requirements of the utility model patent, but I have a limited time to publish on this web page, because the novelty requirement implies that I have never published, commercialized or disclosed any way, then I have a grace period of one year, that is, I would have until July 2020 to be able to present the patent application, the technical advantage requirement would fulfill it because although there are products with the same purpose, the mechanism that I use is different, integrating electronics, 3D printing, bluetooth communication, is what would differentiate my project from existing ones.
But I've thought about it well, and the idea of my project is that people can clean more gaps anywhere in the world, being able to replicate, improve, make it bigger, etc. So the patent would prevent one of the most important objectives of the project, likewise wanted to share information on intellectual property in my country.
Then I would opt for an initiative that is consistent with the objectives of my project, open source licenses
Here are the most popular licenses
Of all these, the one that seemed most appropriate to my project is the MIT license, you can find information about the other licenses following this link
In the case of MIT license, permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files, to deal without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies, subject to the following conditions: The above copyright notice and permission shall be included in all copies, the information is provided without any type of guarantee or option to claim. I found a guide on how to apply for an open source license
In conclusion, although the project could meet the requirements of a utility model in my country, this would go against the main objective of the project, so I prefer to license it as open source (MIT license), so that can be replicated, improved, anywhere in the world.
Slide of my final project
Video of my final project, to see it press right click in the video and put show controls