Patent Law And The Legality Of Making Something Similar

Patent Law And The Legality Of Making Something Similar

When [Erich Styger] recently got featured on Hackaday with his meta-clock project, he probably was not expecting to get featured again so soon, this time regarding a copyright claim on the ‘meta-clock’ design. This particular case ended with [Erich] removing the original blog article and associated PCB design files, leaving just the summaries, such as the original Hackaday article on the project.


Obviously, this raises the question of whether any of this is correct; if one sees a clock design, or other mechanisms that appeals and tries to replicate its looks and functioning in some fashion, is this automatically a breach of copyright? In the case of [Erich]’s project, one could argue that at first glance both devices look remarkably similar. One might also argue that this is rather unavoidable, considering the uncomplicated design of the original.


Not copyright, but patent law


An inherent property of copyright law in most jurisdictions is that the act of creating a work automatically grants one the copyright to that work. In most jurisdictions (e.g. the EU), signing away one’s copyright is even forbidden by law. Not so with patent law. Here we have two distinct forms, one being patents as we all know and love them, for the patenting of ideas and inventions. The other form concerns itself with what a product looks like: its design.


In the US this is referred to as a ‘design patent‘, while elsewhere it is referred to as a ‘registered design’, which effectively comes down to the same thing. It means that one can patent for example the shape of a C ..

Support the originator by clicking the read the rest link below.