A Roman judge in Alexandria, Vitruvius, tried and found multiple poets guilty of stealing poems. The theft was revealed during a literary contest. Similar cases in first century Rome include literacy piracy. Despite the importance of these events, there is no known law from ancient Rome regarding intellectual property theft.

Earliest Patent Systems

The first real patent system wouldn’t be enacted until centuries later. The Venetian Act of 1474 streamlined the patenting process and made them easier to apply for. Until then, Europe had the concept of patents, but there were no set standards. They were issued on an individual basis upon request. The Act meant the patent had to be for something one-of-a-kind and useful. This remains the standard for patent applications around the world to this day, including in the United States.

That’s not to say that there weren’t any forms of intellectual property protection throughout Medieval times, but they were less structured than formal patents. In larger cities, guilds would be formed to protect the knowledge of certain crafts. As only guild members could learn the craft, such as glassmaking, this raised the commercial value of the products in the region. Venetian glassmakers were highly regulated, with everything from working days to ingredients monitored closely. It nearly created a monopoly in the glass industry. While featuring the same protective features of patents, these were all self-contained and had no influence from the government.

Queen Elizabeth I and Patents

Queen Elizabeth made many changes to how patents worked in England during her reign. Early on, she sent letters encouraging other countries to bring their manufacturing technology and new products to England. At first, it worked, bringing in foreigners and helping her country grow in multiple industries. As years passed, however, she used her same policies to issue patents on everything, including long-established trade and techniques. This resulted in Parliament attempting to legislate against monopolies- something Elizabeth was able to pacify them from doing.

King James Changes the Rules

With a change in ruler came a change in the power of patents. In 1624, King James I made a royal proclamation that abolished the Brehon Laws and introduced English common law instead. Once incorporated into the Statute of Monopolies 1623, it limited the power a monarch would have regarding patents. Under the new law, patents could only be given to inventors of an original creation during a certain window of time. While it caused some upset and didn’t fully end patent abuse, it is still notable for creating a fairer system.

US Patents

The history of the United States and patent law is as equally turbulen as Europe’s. The first US Patent Act only lasted three years, from 1790 to 1793. It was then quickly replaced with a new Patent Act which functioned on an examination system. This further prevented abuse by having the product examined before the patent was issued. While the modern American patent system doesn’t quite resemble that from 1790, the standard for applying for a patent is more or less the same.

A third Patent Act was passed in 1836, to combat problems created by the previous two. It marked the creation of the Patent Office. The Secretary of State was no longer responsible for issuing patents, although the task still fell within the jurisdiction of the Department of the State. The new act also required that patent information be accessible in public libraries, thus preventing repeat patents. The addition of a seven-year extension to the existing fourteen-year patent was introduced as well. Additionally, immigrants could now apply for patents in the United States. It also raised the standards for American patents.

Patent Law Criticism

Every change has its critics- especially in England, where free trade economics reigned supreme. Patent law began to be criticized in the 1850s, believing it hindered research and served little good to the general public. Adrian Johns, a modern patent historian, summarizes the main complaints from the public in his book Piracy:

“[Patents] projected an artificial idol of the single inventor, radically denigrated the role of the intellectual commons, and blocked a path to this commons for other citizens — citizens who were all, on this account, potential inventors too. […] Patentees were the equivalent of squatters on public land — or better, of uncouth market traders who planted their barrows in the middle of the highway and barred the way of the people.”

The Depression of 1890 did not help matters in America. In an already strained economy, patents seemed to be promoting monopolies. Courts attempted to invalidate patents and the government had to intervene. President Benjamin Harrison introduced the Sherman Antitrust Act, which prohibited agreements and conduct that would attempt to monopolize a market. It should be noted, however, that this was to combat artificial monopoly through restricting trade and inflating prices. “Innocent monopoly,” or a monopoly achieved on pure merit, remained legal under the new system.

Patents in the 20th Century

Before we return to worldwide patent law, a quick recap of the last century or so of American laws will bring us up to date. In 1952, a new Patent Act was issued. The amendment required the inventor to not only describe their creation but also how it could be infringed upon. It also dictated all patents should be for “non-obvious” inventions- i.e., not for the steering wheel of a car or a spring in a Slinky. As the atmosphere grew more pro-patent, Congress created the Court of Appeals for the Federal Circuit to hear all appeals regarding patents beginning in 1982. 2011 saw the switch from “first to invent” to “first inventor to file” after the Leahy-Smith America Invents Act.

1980 saw the change to patents on a global scale, all thanks to one case. A microbiologist for General Electric, Anand Chakrabarty, filed an application to patent a bacterium he genetically engineered to break down crude oil. At the time, no one had attempted to patent a living organism. The patent was rejected, but the United States Court of Customs and Patent Appeals overturned the USPTS decision and held that the patent should be issued. The case was taken to the Supreme Court, and Chief Justice Warren Burger wrote the majority opinion that the bacteria could be patented. Craig Nard, director of the Intellectual Property Center at Ohio’s Case Western Reserve University, cites this as jumpstarting the biotech industry.

Backtracking a bit, many countries, particularly those in the British Empire like India and New Zealand, followed British patent laws until the 1850s. TUnder British rule, citizens from these nations were at a disadvantage when it came to patents. Once the countries gained their freedom, however, they swiftly abolished the old English laws and established their own systems. Many of them still closely resemble European systems and have their own share of reforms and addendums. Still, it gave them a chance to share their inventions globally without fear of theft. New Zealand was actually among the top 5 patent offices in 2006.

Present Day Patent Laws

Finally, we reach the present day. While America is still among the world’s largest patent offices, it was rapidly outpaced by China. Of the approximate 1.98 million patent applications filed in 2012, 526,412 were filed in China. The United States was in a close second with 503,582 patents filed. Thomson Reuters researchers predicted China would outpace the USA in 2005, and the prediction was brought to life. (For the record, the other three offices belong in Europe as a whole, Japan, and South Korea.)

Patents play a large part in encouraging creativity and innovation in the world. Because each patent must be unique and “non-obvious,” it encourages inventors to think outside usual limits and create something truly original. But constant change through new laws and amendments impact both inventors and consumers and require adjustment in the approach to patenting.  Patents remain a complicated piece of the already massive jigsaw puzzle that is the world of inventing and innovation.

(SIDEBAR ON CAVEATS: Patent caveats were briefly available in the United States. Like traditional patents, it described an illustration or invention but did not have the full examination into the patentable subject manner and patent claims. It was merely a notice on the intention of filing for a proper patent, expiring after one year. Provisional applications today are somewhat similar but have significant differences. Caveats could be issued between 1836 and 1909, before being abolished by the US government.)

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If you’re working on an invention idea or product improvement, studying how everyday products changed can help you spot opportunities, refine features, and create a more practical solution.

Where do some inventors get the inspiration they need in order to revolutionize a product? The simple answer would be nature. Nature has solved most of the problems we face with evolution over the years. While most products change many times between concept and production, occasionally a product makes it all the way to market before it’s changed, looking nothing like the original product. These are just a few examples of how some items we now know and love had a bit of a rocky (and sometimes dangerous) start.

THE PLAYPEN

You’ve probably seen a photo like the one above depicting a toddler sitting in a cage hanging from a window. This cage is attached to an apartment window in the city, with only a few wires and handles keeping the cage secure. Baby cages were a way to give babies fresh air in the city without making parents (gasp!) take their kids outside. Eventually, however, safety concerns caused the baby cage to lose popularity. The concept was retooled to use wood instead of metal, have a soft floor, and (thankfully) only be used on the ground. These versions are still in use today, now called playpens.

THE TOASTER

As long as there’s been fire, there have been people cooking over it. Toasting items over flames has remained a popular pastime–if the enduring legacy of toast is anything to go by. Originally, toast was made by placing bread on long forks and holding it over an open flame or grill. The first electric toaster would place the bread against a heating mechanism on one side, requiring the cook to manually turn it once it reached the desired doneness. It wasn’t until the early 20^th century that a toaster was developed that toasted both sides of the bread at the same time.

PLAY-DOH

The popular molding dough for kids was originally marketed with the slogan “Good, Clean Fun!” This is no accident. Play-Doh began life as Kutol Products’ wallpaper cleaner: a mixture of water, salt, and flour. Cleo and Noah McVicker first introduced the cleaner in 1933 and Cleo’s son Joseph saw how students were using the compound as modeling clay in 1955. The following year, Rainbow Crafts (a subsidiary of Kutol) was established with their trademark product, Play-Doh.

THE VACUUM

Imagine a vacuum so large it required a horse-drawn wagon to move. This was the reality with the 19^th century’s first “portable” vacuum. Unlike its predecessors, which were powered by hand, this behemoth used a motor and gasoline. A truly portable vacuum was introduced in the 20^th century, once again powered by hand. These units were soon electrified by James Spangler, with disposable filter bags following in time. Bags and the traditional upright, cylindrical design wouldn’t last long, however. Now we don’t even need to manually operate our vacuums. The Roomba can find the mess and clean it up without human interaction–until it’s time to empty it.

THE FRISBEE

A favorite of college kids and beach-going families alike, the Frisbee wasn’t always the flying disc we use each summer. The disc itself was invented in 1871 by William Frisbie, owner of the Frisbie Pie Company. Students at the university nearby would throw the empty pie tins, yelling “Frisbie!” to warn others to catch it. Wham-O, the same company behind the Hula Hoop, later rebranded their existing Flying Saucer toy to “Frisbee,” an homage (albeit misspelled) of the pie company’s name.

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PENCIL AND PAPER

Sketching, detailing, or just taking notes…nothing beats a pencil and paper when you’re first starting out. Any kind of creator, not just inventors, can testify to the usefulness of a blank notebook. Some may even argue that it’s one of the fundamentals of creativity. We do recommend using a pencil rather than a pen, as the eraser allows one to change or remove elements on the fly. However, if you prefer using a pen, do so! Just make sure the paper is thick enough so the ink won’t bleed to the other side, especially if you’re using both front and back.

US PATENT OFFICE WEBSITE

Sometimes you think you have a winning idea only to find out somebody else has come up with it. Thankfully, the US Patent & Trademark Office documents on its website all inventions. When in doubt, you can search to see if your invention idea has already been the subject of a patent registered. Alternatively, you could use it as a cross-reference for your own creation to see what features or elements may benefit it and help it stand out from competitors. Visiting the office works just as well if you have the opportunity and time to do so.

BACKGROUND ON THE IDEA

What inspired you to make this invention? What purpose does it serve? How will it make life easier? These questions and more will be asked by investors. What many do not realize is that having a stellar invention is only half the battle. Being passionate and willing to work on improving and perfecting it can make the difference for potential investors. Enthusiasm is contagious and has a solid background for your device helps build said enthusiasm. In times of discouragement, it will also serve as a good reminder of why you started the project in the first place. As the only non-tangible fundamental on this list, you might want to consider writing down the background information to have on hand, just in case.

PROTOTYPES (BOTH HANDMADE AND PRODUCED)

Whether you made your prototype yourself or had help from another source, bringing it along will give investors a better idea of what your invention is capable of. If you’re still brainstorming, it might be worth making a very simplistic prototype or model just to have another perspective. Seeing it in person is a far cry from seeing it on a piece of paper, after all. Don’t be ashamed if you’re prototype isn’t perfect, either. After all, it’s only a first draft. Nobody expects perfection on the first try! (For more information on this fundamental, please see our other articles about prototyping.)

GRAPH PAPER

This is probably the most forgotten element of a successful brainstorming session. While blank printer paper or lined notebook paper works well, the clear-cut lines of graph paper have their own advantages. The grid layout makes it ideal for working on an almost pixel-by-pixel basis and allow for pinpoint precision. It also helps with estimating dimensions of a finished product. While this fundamental is left out, it is for a good reason: this is easily the most subjective material on this list. Rounder objects and digital inventions are less likely to benefit from graph paper.

Now that you have a clear understanding of the tools you will need in order to move forward with a product idea, let’s get to work! Your first assignment is completing our inventor quiz!  Get to know who you are as an inventor, as well as, what will keep you motivated during the product development phase.

By the way, stay tuned for Part Two of Fundamentals: Prototyping!

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According to the Virtual Reality Society, the first known example of “creating the illusion that we are somewhere we are not” are panoramic paintings. These 360-degree paintings would surround the viewer and “transport” them to a battlefield or other scene. Stereoscopic photo viewers, like the View-Master toy, are closely aligned to modern VR headsets. They were even used for what was called “virtual tourism.”

In 1929, Edward Link created the “Link Trainer,” now considered the first flight simulator. While the technology was primitive by modern standards, the general concept of the Link Trainer is still used to train pilots and astronauts. Alternatively, you may find them at amusement parks or museums simulating everything from rocket launches to roller coasters. Just a few years later, a 1930s science fiction story by Stanley G. Weinbaum predicted what virtual reality would be like.

It wouldn’t be until 1987 that the term “virtual reality” was coined by Jaron Lanier, founder of the Visual Programming Lab. Before this, the popular term was “artificial reality,” termed by Myron Krueger. The nineties would be when VR hit its stride, with dominance in arcades, home consoles, and popular cinema. Anybody else remember The Lawnmower Man? Or the Nintendo Virtual Boy? It was the turning point for VR. The following two decades would see rapid growth in both public and private usage of virtual reality.

This brings us to the present day. We’re all familiar with VR headsets like the Oculus Rift or the HTC Vive, which makes gaming more immersive than ever. But few are considering the more practical uses of virtual reality. Many hospitals and medical schools use VR to teach students how to perform surgeries without putting an actual patient under the knife. Similarly, militaries can use VR to train soldiers or to see what an officer on the field sees to better guide them and other troops. And of course, flight simulators are still being used in conjunction with VR for a multitude of training programs.

As for inventors, the rise of DIY kits for virtual reality is feeding into the rising interest in inventing. Google Cardboard is a notable example, allowing users to build a rig to use their smartphone as a VR headset. In the same vein is Nintendo Labo, an accessory for the Nintendo Switch. By building cardboard cases and tools for the Switch console, users can unlock more immersive ways to play certain games. For example, a steering wheel can be built and used in conjunction with Mario Kart 8 Deluxe to truly simulate kart racing.

Virtual reality is not perfect yet; however, the technology is far more reliable than it ever was before. As refinements are made, more uses will be found. It’s entirely possible that VR will soon become so realistic and lifelike as to blur the line between real life and digital. (Well, perhaps not- we don’t want The Matrix happening outside of the movies, do we?) Each day brings improvements and a new industry to the virtual reality wellspring. Inventing is still only taking a tentative steps, but it won’t be long before it fully takes the plunge.

While the market will continue to grow with virtual reality items it also can add an element of exercise as well. This opens up a technology that is fit for anyone. While we are fairly certain that the inventor of VR designed it so that everyone could use it they sure did make a great product! Why not check and see what kind of inventor you are with our inventor persona quiz! Click here to check it out.

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Ideally, you should have a finished version of your product. A prototype could work in a pinch, but only if you’re looking to attract investors. The average consumer wants to see products complete and ready to be shipped as soon as they pay for it. Investors also appreciate a finished item but may still show interest in a promising prototype. In short, the state of your product is important.

On the other hand, some inventors use social media right from the start, showcasing the entire process. Even if all they have is a basic idea, they’ll create accounts promoting their product and highlighting its development. This transparency and trust in the consumer could be seen as a plus to some. It also ensures a dedicated fanbase once you begin production or a fundraising campaign, giving you comfort in predicting its reception. Of course, this is all dependent on if the product gains any attention.

If you’re already partnered with an investor or company, make sure to double-check your agreements before beginning any social media campaigns. There may be certain stipulations or clauses in your contract that prevent you from advertising your product yourself and instead require you to rely on the company for promotion. For those who are looking for a partner, read the fine print carefully and always ask if you’re not sure.

Even if “when should I advertise” is established, the questions of “how, where, and who” remain. How do I go about promoting my product? Where should I advertise (what site should I use)? Who should I set as my target demographic? Unfortunately, these are even more specific questions that are extremely dependent on your actual product. It may be useful to find demographics for various social media sites and use that as a starting point. If the initial campaign succeeds, you can branch out to other websites and apps.

No matter which site you end up using, remember to remain professional. Social Media users can give all sorts of feedback, so be prepared. It’s also important that you interact with users that interested in your product. If a customer asks a question through a Facebook comment, answer it. Being approachable and candid about your product will be a huge draw to those who value transparency.

One final note: even if you launch your social media campaign at the exact right point, are professional and honest, and use the features of the website to your advantage, it’s still not a guarantee of success. Various algorithms and sponsored advertisements may result in your campaign being pushed to the side and garnering little traffic. If this happens, don’t be discouraged! It’s not a mark on your product or how you handled the situation; rather, it reflects the current state of the advertising market.

If you have a new product idea contact the team at Davison to learn all about our 9-Step Process! Click HERE or on the button below.

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WHY IT’S IMPORTANT

You may be thinking that your invention idea is enough to sell on its own even without sketches. It’s unlikely, and it just makes every subsequent step harder. Additionally, sketching has far more benefits beyond being a visual aid to help you tell your story. Sketching is an excellent brainstorming activity and can help you further visualize ideas you may already have. It’s cheap and effective, even when it’s not enormously detailed. Remember: sketches are not drawings. They’re simple, with minimal detail.  You don’t need color or multiple pens and pencils. It’s just the basic concept laid out in visual form.

Having sketches of your work also makes it easier to communicate. Some concepts are difficult to get across verbally. Having an image as a supplement makes communication less of a chore. It also aids in collaboration, as colleagues can actively see and comment on your project. People may interpret your words differently, but a sketch is more universal. It also allows for faster iterations and changes, even if you have an existing prototype. That’s another thing to keep in mind: sketching isn’t prototyping. Prototypes take time, money, and effort. Sketches require far fewer resources.

HOW TO IMPROVE

The most common piece of advice you’ll hear for any skill is “practice, practice, practice.” And it’s true: the more you work at a skill, the more you’ll improve. Painter Bob Ross once said, “Talent is a pursued interest. In other words, anything that you’re willing to practice, you can do.” Therefore, if you want to make better sketches, make as many as you can. Sketch whenever you have a free moment. Doodle in the margins of your notebook. Scribble on a napkin at a restaurant.

That being said, there are a few more specific tips we can give you. First, be messy. You’re not creating a masterpiece. It’s okay if there are overlapping lines or eraser marks. Taking field notes may also prove useful, depending on what sort of invention you’re working on. Consider practicing making pen sketches: it’ll prove useful if you’re ever without a pencil when inspiration strikes.

One common recommendation for artistic sketchers is to try precision, i.e. inventive, sketching. Using a different skill set broadens your options and gives you more freedom and experience. The same is true in reverse. Try recreating a garden scene or a loved one’s face in your sketchbook. It may not be the most flattering likeness, but it’s still practice.

If you’re especially passionate about polishing your sketches, you might want to consider taking a class in sketching. Plenty of art and business schools offer courses in inventive or production sketching. Websites like Skillshare also host seminars on the topic. This is a great step if you want your sketches to be above and beyond in quality.

THE BOTTOM LINE

The value of a good sketch can’t be overstated. It’s invigorating, helpful, and even fun. Having a unique, useful idea will always be the most important factor, but coupled with visuals, it becomes something more. It makes the product feel real long before the prototype phase. Sketching is a skill any good inventor- any good creative type, really- should consider having.

Many people struggle to draw a stick figure, but if you can get it down on paper it will be easier to talk about. If you have the time and you have several ideas a class might be a great place to start. Not everyone can be Bob Ross, but everyone can have an idea. Find out what kind of inventor you are today by taking our inventor quiz!

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If you or anyone you know has ever been in this situation, don’t fret. While sketching is an important part of both the brainstorming and prototyping phases, it’s not strictly necessary. There are also workarounds to get something like a sketch finished, without the need for artistic talent.

HIRE AN ARTIST

The most obvious solution is also the most difficult. Art takes time, and as the saying goes, time is money. Unless you have a very close friend or family member willing to be your sketch artist, you’re going to be shelling out for a commission. Even then, what you envision in your head might be difficult to communicate with others. Only attempt this step if the invention is simple design-wise and only if you have the funds.

ATTEND ART CLASSES

If you have the time, a few art courses might help you improve. This is still a desperate option and should only be tried if you have deep pockets. However, most art classes teach a great number of skills beyond being able to sketch, which could prove useful as an inventor. If you’re a student, see if it’s offered as an elective. Also, many community centers offer art classes.

USE CLIPART

Clipart and premade assets might not convey professionalism, but they’ll do in a pinch. Combined with the above methods, it may be possible to create something far closer to your interior visualization. Don’t be afraid to be creative, especially with any recolor or cropping tools. Need a wheel? Crop one off a car. Use a jump rope as a cord. You’re an inventor and therefore naturally creative. The options are endless.

USE A GRAPHING PROGRAM

As we covered in a previous article, graphing and art programs may assist you if you struggle to draw. Being able to connect lines through points, both straight and curved, should give you the same freedom you’d expect with a pen or pencil. The drawback is that some programs are finicky to use or cost money, but plenty of free alternatives exist.

SKIP TO PROTOTYPING

Why not? Skipping to the prototyping is a viable option in some cases. It may be a bit more difficult without a sketch, especially if you’re using a 3D printing program. But it’s still possible! If you can modify previously-existing products, that’s a great way to start. And if you have to start from scratch, using a 3D printer is still feasible. In fact…

USE A MODELING PROGRAM

Using a 3D modeling program has the added bonus of making a multi-dimensional version of your product. There is one downside: many 3D modeling programs are difficult to use and can be costly. Again, if you can find a friend who owns the program and have them assist you, it should make your project all the easier. From there, you can go straight to printing and have a basic prototype for your pitch meeting.

SKETCH ANYWAY

Unless it is physically impossible, try sketching anyway. It may not be the most beautiful or recognizable creation, but the only way to improve is through practice. Furthermore, drawing your invention yourself is the only way to ensure it looks like it does in your head. Just remember to use fresh paper and your eraser.

Remember: there is no wrong way to sketch. If you can hold a pencil, you can do it. Believe in your own talent.

While sketching is important to help get your idea across, don’t feel stressed if sketching isn’t your strong point. As long as you have inspiration for your idea and you can describe it we can help you! Check out what type of inventor you are by taking our inventor persona quiz!

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AUTODESK SKETCHBOOK (Windows, Mac, iOS, Android)

If you need a wide array of brushes, this freemium app might be for you. There are 140 pre-designed brushes included, with the option to adjust them or even add your own. There’s also no layer limit, meaning you can stack and blend to your heart’s content. The $16 a month subscription fee might put some people off, but there’s a free trial to let you test the waters. And if you do subscribe, you get  24/7 support and access to tutorials and training videos.

ARTWEAVER 6 (Windows)

Another option with brushes to spare, Artweaver’s main draw (pardon the pun) is the collaboration features. If you and a partner are sketching up an invention, you can work together from your own computers on the project. You’ll need an internet connection, and to shell out $47 for the commercial version. It also runs exclusively on Windows, giving it a limited audience. Still, for collaborative sketches, there’s no better option.

VECTR (Windows, Linux, Chromebook)

Most sketches aren’t too graphic-intensive, which makes programs like Vectr a fantastic option. There isn’t an extensive toolbox (even after expanding the list), but for concept sketching and the like, there’s plenty to work with. There are also built-in tutorials and the option to download the app or work online. Best of all, it’s free, with cross-platform support.

SVG-EDIT (All platforms)

Like Vectr above, SVG-Edit is geared towards simple designing and sketching. You have the option of working online through your browser or through the desktop app, making it technically work on all platforms. No matter what, your finished work will be saved locally and can be used in any other installed program you have. Not bad for another freebie.

ADOBE PHOTOSHOP CC (Windows, Mac)

Photoshop has earned its place as the most recognizable image-editing software on the planet, but it’s also surprisingly useful for sketching. It’s arguably the easiest option to use on this list, and the latest iteration is cloud-based (CC stands for Creative Cloud). It’s pricey at $28 a month, and for more advanced image editing, some may find it lacking. For beginners, however, there’s no better place to start.

GIMP (Windows, Mac)

The GNU Image Manipulation Program is a completely free equivalent to Photoshop. What it may lack in intuitive design, it makes up for it in the number of features and tools at your disposal. With a competent mouse or touchscreen, the various drawing tools can make any sketch a masterpiece. It’s clunky, but it’s more advanced than its paid counterpart. And did we mention it was free?

LEONARDO (Windows)

Leonardo’s biggest draw is its “infinite canvas.” Zoom in or out, it doesn’t matter–you will never run out of space. For projects with minute details, this feature is invaluable. It’s also designed with tablets in mind, provided they run Windows. It’s still in development with more features being added, but it’s an overall promising alternative to paid art programs.

MEDIBANG PAINT (Windows, Mac, iOS)

Many artists covet Paint Tool SAI, a program geared towards the creation of manga and digital paintings. But SAI is expensive, whereas Medibang Paint has all the same features, and more, for free. It’s lightweight, admittedly, but it’s cross-platform and has access to the cloud. Start sketching on your laptop and then have to run to a meeting? You can continue your work on your phone, no problem.

We hope these apps got your creativity flowing! Are you likely to create an app, a product or maybe, a mixture of both! Take our inventor quiz to learn more about the innovator in you!

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NOTE: While this is a general guide to follow, there are quirks and minor details not covered below. It’s also important to know what the umbrella term of “intellectual property” means, as it can refer to copyrights, trademarks, and patents, or any combination of the three. According to the World Intellectual Property Organization, “intellectual property” is defined as “creations of the mind: inventions; literary and artistic works; and symbols, names, and images used in commerce.”

TRADEMARK

A trademark protects a symbol, word, slogan, design, name, and/or image that identifies the source of goods or services. For example, the smiling face logo of Wal-Mart is trademarked, as is the slogan “Save Money, Live Better.” Owning the trademark is basically a notice of ownership that the public can see. Registered trademarks are the ones that can use the ® symbol to defend their work.

If you own a trademark and see somebody using it without permission, you can sue for infringement. However, this only applies to the country you’ve registered the trademark in- if it hasn’t been registered there, your legal rights are much less powerful. A trademark is valid for an unlimited amount of time, as long as it is used in commerce, but must be renewed every 10 years or it lapses.

Of additional note is the term “service mark.” This is for the slogans, symbols, logos, and words associated with a service, not a place to purchase goods. Ronald McDonald and other icons associated with McDonald’s are protected under service mark.

PATENTS

Patents are for inventors and designers. Machines, chemical combinations, specific processes, or even the design of a product can be patented. Unlike trademarks and copyrights, it cannot be renewed. When the twenty-year patent term expires, the item in question becomes part of the public domain. However, during that time, the owner has the right to exclude others from making, using or selling the invention.

While many items that are patented remain under the protection of their creator, others may choose to sell them to companies and enjoy royalties from the sales. The company takes over the ownership of the item and most of the sales, while the inventor gets a base sum after selling the item and small payments with each purchase of the product.

Patents and trademarks are both served out of the United States Patent and Trademark Office, at least in America. There are also three types of patents you can apply for: a design patent, a plant patent, and a utility patent. Each variety has its own paperwork and system to filing.

COPYRIGHTS

This applies to the work of many creative types.  Copyrights are automatically granted upon creation of an original work. Artists, choreographers, musicians, authors, architects, and other creative professionals also can register a copyright for their work. However, the work must be in a tangible state; it’s impossible to copyright just an idea. Some copyrights are part of a larger trademark. For example, the video game Overwatch and its logo are trademarked to Blizzard, but the mascot character of Tracer is copywritten.

Also, much like a trademark, a copyright is a public notice of ownership. It’s legal evidence that can be used to sue those who infringe upon your work, so long as the paperwork is in order. A copyright never has to be renewed and is valid for life various terms, depending on whether or not the work is for hire. If not for hire, the current copyright duration is for the life of the creator, plus 70 years.

Within the United States, the Copyright Office is part of the Library of Congress. Most copyrighted works are subject to the Fair Use doctrine, or how said products can be used without permission in the public domain. Parodying a song or showcasing footage of a video game in a review is allowed under Fair Use. Uploading an entire movie to YouTube for others to watch for free, on the other hand, is not. This has been the source of some controversy lately as the definition of Fair Use evolves and shifts.

Again, this guide is by no means all-encompassing. There are many details that weren’t covered in the above descriptions and you should not consider this legal advice. Nevertheless, hopefully, you understand the basic differences between ©, ®, and now and what types of protection are available.

Now that you were able to learn about trademarks, copyright, and patents you hopefully have a better understanding of where to head next on your inventors’ journey.  Not sure about what steps to take next? Check out our inventor quiz to help you learn what kind of inventor you are!

The post Copyright, Patent, and Trademark: What’s the Difference? appeared first on Davison.

THE INTERNET

Granted, it’s somewhat difficult to patent a concept like the internet, but Sir Tim Berners-Lee made a conscious decision not to accept royalties. He believed the World Wide Web should be freely available to the masses, leading him to never seek a patent on the website he first launched in 1991. In fact, a major contributing factor to why he won the 2004 Millenium Technology Prize was because he recognized how much his creation would contribute to humanity. When accepting his award, he insists the internet never would have succeeded if he charged for his invention: “If I had tried to demand fees…there would be no World Wide Web. There would be lots of small webs.”

THE COMPUTER MOUSE

The computer mouse was patented, at least for a short while. Douglas Engelbart first invented the mouse in 1963, but the patent expired in 1987, just before it would explode in popularity in the mainstream. He never sought out royalties, however, and passed away in 2013. Still, his invention is one that we continue to use daily. Fun fact: the first mouse was carved out of wood and only had one button…because that’s all there was room for.

EMOTICONS

The very first smiley, as they were once called, was designed by American artist Harvey Ball. His task was to design an image to boost morale at an insurance company in 1963, but it quickly spread outside of the office. Ball declined to register a copyright and was paid only $45 for the original design. Of course, emoticons and smileys would eventually evolve into emojis, a movement in their own right. According to Wikipedia, Ball’s smiley has three unique features: “Narrow oval eyes (with the right slightly larger than the one on the left), a bright sunny yellow color, and a mouth that is not a perfect arc.” When Ball died in 2001, the land owned by his family was purchased by the city of Worcester, MA and the “Harvey Ball Conservation Area” was created with the aptly named “Smiley Face Trail.”

THE KARAOKE MACHINE

We have Daisuke Inoue to thank for the staple of Japanese bars and teenage sleepovers the world over. His invention, the karaoke machine, is one of the most accessible and recognizable pieces of technology available to people of all incomes. But he never patented it, leading him to never benefit from the sales globe-wide- or the slew of cheap imitators and knockoffs. The word karaoke, in case you were wondering, actually means “empty orchestra” and the most popular song requested by budding singers is “Billie Jean” by Michael Jackson.

THE ASSAULT RIFLE

Whether you agree with the existence of AK-47s or not, you must acknowledge their importance in history. In 1947, Mikhail Kalashnikov invented the weapon and it went into production. The original manufacturer for the gun has the patent, however, not Kalashnikov. He claims he created it for the good of his country and wanted no profit off it. Kalashnikov, who died in 2013, was also a lifelong poet and author of six books.

TETRIS

Strictly speaking, Tetris was patented- but the rights were owned by the Soviet Union. Alexey Pajitnov didn’t see any royalties until 1996 when he and Henk Rogers formed The Tetris Company. The name Tetris is a combination of the German prefix tetra- (which means four) and Patijnov’s favorite sport, tennis. In 1993, Tetris became the first video game in space when a Russian cosmonaut brought his Gameboy and Tetris game on a mission to the space station Mir.

MATCHES

Much like with Berners-Lee, chemist John Walker wanted to ensure his idea was free to the masses. His invention? The matchstick–able to create and transport fire with ease, even without a candle or other source nearby. The exact date of creation has been lost, but we know it to be sometime in the 1820s. In the 1970s, Walker’s hometown of Stockton-on-Tees attempted to commemorate him with a statute. Twenty years later, it was realized that the statute actually matched the likeness of a different man whose name was also John Walker and who happened to look similar to the town hero. The mistake was realized after consulting with the National Portrait Gallery and the statue was removed.

MONOCLONAL ANTIBODIES

In 1975, Cesar Milstein was given the chance to patent his medical breakthrough after being approached by Tony Vickers. Milstein agreed, but the National Research Development Corporation failed to file the patent due to being unable to “identify any immediate application.”  Today, six out of the ten best selling modern drugs are monoclonal antibodies. Milstein and his partner, Georges Kohler, won the Nobel Prize in Physiology or Medicine in 1984 for their discovery.

MAGNETIC STRIP

We have Ron Klein to thank for the modern credit card. Before his creation, stores had to check numbers manually. Klein took the tape from reel-to-reels, created a scanner to read it, then affixed it to a plastic card. While he never patented the tech, his story was a successful one: his hundreds of other inventions have kept him rolling in royalties and is commonly known as “the grandfather of possibilities.”

FIDGET SPINNERS

Another case of “was patented, it lapsed, and then it exploded.” Catherine Hettinger first created the toy/fad but had to let her patent lapse when she couldn’t afford the $400 fee. Then, just last year, it became the hottest new meme and cheap rip-offs (and expensive luxury versions) were sold everywhere. A pity, because fidget spinners (when they’re of a decent quality) are fairly therapeutic. As a matter of fact, as smaller manufacturers began making fidget spinners, they were used as a tool for kids who struggle with behavioral issues such as ADHD, autism, and anxiety.

Should you seek out a patent for your idea? Maybe. But don’t be deterred if you can’t. After all, plenty of other ideas haven’t been, and they’ve survived just fine.

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