Is it legal to patent a project which has arduino?
You patent a new invention.
Your invention can use: wire, resistors, diodes or controllers etc. you are not patenting these items.
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Sure, you can do that. You probably wouldn't want, as most patents are written to be as general as possible. Rather than "using an Arduino" it would probably end up saying "using a computing module capable of supporting pin-state changes at the necessary rate" or something.
Can you afford to begin the patent process? You can apply, which will give you a one year, I think, protection of your device. If you do get a patent, then your device is public knowledge and anyone can build it. It's up to you to legally protect your patent. Pretty expensive process.
Paul
Paul_KD7HB:
If you do get a patent, then your device is public knowledge and anyone can build it.
Really? I don't think so. As you said the patent also means that will share all product design. Look like the same as an open source product.
As you said the patent also means that will share all product design
I have several patents. In none of them were we required to share the complete product design,
PaulS:
I have several patents. In none of them were we required to share the complete product design,
True enough, but you have to reveal enough information for others to do a patent search to determine if their idea has already been patented.
Paul
Paul_KD7HB:
True enough, but you have to reveal enough information for others to do a patent search to determine if their idea has already been patented.Paul
That one person implemented the concept using an Arduino, while another used a bare AtMega328, while another used a PIC does not change the concept. One does not need to reveal any code, or any details about the micro-processor used, or any circuitry associated with the microcontroller.
A Patent (or "Utility Patent") is supposed to describe an invention (and it's supposed to BE for an invention) in sufficient detail for anyone familiar with the field to duplicate the invention. It's a form of DISCLOSURE. In return for essentially publishing information that advances the state of the art, the patent-holder is granted an exclusive right to manufacture/sell/profit from the invention for 20 years.
In recent decades, the patent system has seen a lot of abuse. People getting patents for things that shouldn't have had patents ("obvious in the field") Long delays between application and granting of patents. Companies or entire countries ignoring patent rights. Patent trolls that buy up "idle patents" and then try to extort money out of non-idle companies that are doing similar things that MIGHT be seen as infringing on the patent. More; you can read all about it on the internet....
There is also something called a "design patent" that protects a specific design that isn't really an invention. In this case, you're protecting an implementation rather than an invention. The Arduino Uno MIGHT have been appropriate for a design patent if they hadn't decided to be Open Source instead. A particularly clever implementation of a prototype "shield" for Arduino might also qualify...
My thoughts on patent......
It's a legal document for your claim to that design, idea, or whatever. It's EXPENSIVE or TIME CONSUMING. It's not like you can just file a 1 page summary, and next week - POOF! Your approved! You have to wait at least a year maybe 3 or more. Probably be prepared to appeal a denial after that time.
Then after your old and gray, get your patent..... It just gives you the RIGHT to SUE for the infringement. Anyone can make your product, sell it and get away with it for however long until you find them.... THEN... Hire a bunch of nice expensive lawyers (if you don't want to file the courtwork yourself)... THEN wait for your trial. and THEN.... If they rule in your favor ??? GOOD LUCK getting your money! When the people violating your patent have stronger lawyers than you? it will take forever.
Robert Kerns invented the intermittent wiper, and automotive manufacturer stole idea in 1950's. In 1993 he was awarded his court hearing, 40 years later just before he died. Think about that.....
About the only thing a patent is good for now, is probably approaching an investor who has alot more money than you and can pursue patent protection before their grandchildren are old enough to drive. By that time, if you have little or no sales for your product, then good luck finding an investor - since there doesn't seem to be a shortage of ideas.
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