Product / Development / Improvement

[Ing]

Hi,
as far as I know, its quite usual to take a product, make it better ans sell it as one owns.


Here s the problem:

My son develops techical stuff and produces it for private use.

In that he i.e. downloads a file (for 3d print), which he can download for free and there is a lizense, that he can use it for private purposes.

But than he tests the suitability, than changes the file, until it fits his requirements, means, until the result works as it should.

Now, when he wants to sell that file as his own product, what are the necessarities to not stuck in the lizense for the original product?

Because parts of the original file are the same. Is there a limit, how much he must change?

Imo there is allways a traceability in some hinsights.

 

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[Niptuck MD]

there are a plethora of issues with this in terms of copyrighting and trademarks. I would recommend going over this with a patent attorney before wasting any more time, energy, resources etc.

 

[Ian Thompson]

Hi,
as far as I know, its quite usual to take a product, make it better ans sell it as one owns.


Here s the problem:

My son develops techical stuff and produces it for private use.

In that he i.e. downloads a file (for 3d print), which he can download for free and there is a lizense, that he can use it for private purposes.

But than he tests the suitability, than changes the file, until it fits his requirements, means, until the result works as it should.

Now, when he wants to sell that file as his own product, what are the necessarities to not stuck in the lizense for the original product?

Because parts of the original file are the same. Is there a limit, how much he must change?

Imo there is allways a traceability in some hinsights.

You have me curious!

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[Rearden]

it depends on what space/ category you are working in. Say you are changing kitchen tongs, you just need to be able to define the difference between what exists and the new thing.

IP is some what black and white...is it different or not this is when it comes to physical products.

Then there is a difference between what is ethical and what is legal that is a whole different discussion.

When it comes to evolving an existing product...a lot of the products on the market today don't have IP on them so you would not be infringing on an existing patent and can usually create improvements without impending on other IP.
But if there is existing IP on the product you have to read the patent, copy-write, TM or whatever type of IP there is to understand where the edges of that property is so you understand if you are infringing upon it.

So to get back to your original question...you would need to understand how the license of use is written to understand how to be able to resell it.

I hope this helps.

 

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