I was researching prior art for a fully redundant motor/ESC/Battery device, and came across this patent for the the Segway ESC by Dean Kamens group (DEKA). And I realized that given enough money and an interest in a particular field, these companies could patent the obvious and make open source a difficult proposition.In response to the risk of patent trolling in the arena of DIY Uavs, I propose we make an effort (periodically) to indulge in some high concept - think tank level - ideas publicly (blogging), on the grounds that failing to do so might leave room for patent trolls.I also thought the recent (iRobot) entry into this field would make an excellent thematic starting point with bridge inspection. Other than the obvious photographic data of a bridge - what data could a UAV collect, or sensors could a UAV place and service that would identify metal or concrete fatigue of a structure? Vibration, conductivity, spectral response, current leakage, isolated heat from friction (ir), geometric deformation by n acoustic transponders. etc...Happy Winter Solstice...
Part of the research for a patent agent includes googling the subject matter, and prior "publication" of the idea is an absolute bar to a patent issuance (I hold a finalized U.S.Patent). But I was rather hoping to start a thread with forward thinking ideas - in the way that Jules Vernes described the 20th Century a full 100 years before it's time. Nuclear Submarines and Spaceships were described in reasonable detail.
So in thinking about how to detect bridge degradation with UAV's
1. Could an IR Camera not find points of repetitious friction - suggestive of an underlying structure weakness?
2. Could an induced (or inherent) low frequency vibration be measured from various points and angles via a higher frequency acoustic measurement (think dopler effect)?
3. Could 10-20 year magnetic vibration/temp sensors be installed by a quad, and could they be "read" using RFID by a uav getting close enough to power up the transponder circuit?
4. Could (uav delivered) fixed sensors use acoustic ranging to identify relative movement from 3D point to 3D point.
I´m not familiar with the law in Poland. Actually here the invention needs to be conclusive in writing. Not one of the people in the administration is going to look at a prototype. The only case they will look at prototypes is if you try to prevent a patent of someone else by saying it is not new and you have invented it before. Then you will have to show prove which could be a participation in an exhibition or a publication.
So it is possible that someone takes an invention, let´s say from a France open source project and gets a patent for it. Years later he tries to get fees for that. It will then be hard to proof the theft...
May be in Poland then... Having applied for a patent myself, I know for sure I did not have to demonstrate anything in the way of a prototype, let alone a commercial product, in the process.
"The law also says that if an average technician is able to find your solution out of state of the technology you can not get the patent."
And this exactly is being checked by thousands of patent advisors (wrong word here) employed by EU government, they got literally dozens of patents per week, are usually well paid young former researchers from top EU facilities and they search all the time and write comments.
AFAIK In Poland for a product, you must sell a product or show in an exhibition (a proof of participation is required, mentioning the product).
I think there are huge differences in the patent laws between different countries. Especially US and European laws seem to differ a lot (or the law is applied differently?).
I know that in Germany a patent is checked against different requirements like amount of subject matter and innovation. Even if the authority does not check completely, you should because if someone can prove that you had no right for the patent you have to pay back all money you earned from e.g. licenses. The law also says that if an average technician is able to find your solution out of state of the technology you can not get the patent.
I heard that US patent law seems to allow for a patent even if such facts are not given, you could get a patent on many things if no one else aready got it, right?
I see the problem with patents, too.
For Germany I can say that a thing like a blog entry or an open source project would be sufficient to prevent a patent (An official publication would be even better). Could someone check for the other countries, especially the US?
bGratti: a patent protects the holder agains commercial exploitation of an invention. Strictly speaking, this should not affect open source development.
Krzysztof: i'm afraid you are wrong. There are no requirements whatsoever for a working prototype to patent an idea and no one is going to inspect your application for actual feasibility.
Also the idea must be 'non-obvious for the specialists in the field' so essentially saying you can say use cropcam for photoshooting rivers should not be allowed a patent on this rules, as it all concerns aerial photoshooting. The rules vary form country to country but those aspects are always present.
In order to claim/prevent patent you cannot just blog around and say you were the first that had the idea and you are cool guy so this should be public.
You must SHOW A WORKING PROTOTYPE of a product using the idea.
Otherwise you invite what you call trolling, but in the roots was an efficient mechanism that promoted the guys that APPLIED ideas into life, not the dreamers even if genius.
Comments
So in thinking about how to detect bridge degradation with UAV's
1. Could an IR Camera not find points of repetitious friction - suggestive of an underlying structure weakness?
2. Could an induced (or inherent) low frequency vibration be measured from various points and angles via a higher frequency acoustic measurement (think dopler effect)?
3. Could 10-20 year magnetic vibration/temp sensors be installed by a quad, and could they be "read" using RFID by a uav getting close enough to power up the transponder circuit?
4. Could (uav delivered) fixed sensors use acoustic ranging to identify relative movement from 3D point to 3D point.
At least you have the chance to do so in Europe. It seems that in US especially inventions from other countries are not checked before granting a patent. Check wikipedia, quite good explanaition there.
http://en.wikipedia.org/wiki/Patent
http://en.wikipedia.org/wiki/Patentability
So it is possible that someone takes an invention, let´s say from a France open source project and gets a patent for it. Years later he tries to get fees for that. It will then be hard to proof the theft...
And this exactly is being checked by thousands of patent advisors (wrong word here) employed by EU government, they got literally dozens of patents per week, are usually well paid young former researchers from top EU facilities and they search all the time and write comments.
AFAIK In Poland for a product, you must sell a product or show in an exhibition (a proof of participation is required, mentioning the product).
I know that in Germany a patent is checked against different requirements like amount of subject matter and innovation. Even if the authority does not check completely, you should because if someone can prove that you had no right for the patent you have to pay back all money you earned from e.g. licenses. The law also says that if an average technician is able to find your solution out of state of the technology you can not get the patent.
I heard that US patent law seems to allow for a patent even if such facts are not given, you could get a patent on many things if no one else aready got it, right?
I see the problem with patents, too.
For Germany I can say that a thing like a blog entry or an open source project would be sufficient to prevent a patent (An official publication would be even better). Could someone check for the other countries, especially the US?
Krzysztof: i'm afraid you are wrong. There are no requirements whatsoever for a working prototype to patent an idea and no one is going to inspect your application for actual feasibility.
You must SHOW A WORKING PROTOTYPE of a product using the idea.
Otherwise you invite what you call trolling, but in the roots was an efficient mechanism that promoted the guys that APPLIED ideas into life, not the dreamers even if genius.