Is Sharing CAD files before you have a patent risky?

In summary: If it was only a Capitalist problem, the safest place to outsource all your manufacturing would be China :biggrin:That's not necessarily the case. You could outsource to China, but you could also outsource to the United States or Europe. It really depends on the cost and availability of the manufacturing resources in each location.
  • #1
Jarfi
384
12
I am making a prototype, all is ready, and the first frame of it will be made using foam and smaller moving parts using a 3d printer. Now I figured instead of cutting the foam myself I could use a CNC at a local "prototyping lab".

But in order to do that I obviously have to give them all my CAD files, both for the mechanical moving parts and the body, is that a stupid thing to do if this is something I am going for a patent?

I don't want people stealing my design or any legal problems.
 
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  • #2
You don't have to give them "all" your CAD files. They only need enough information to cut each part. They don't need to know how the parts fit together to make the complete device, or even what the complete device is supposed to do.

In any case, any reputable commercial manufacturing company should have a standard non-disclosure agreement with its customers.

In fact patenting your device would mean that you have to provide full disclosure in the patent documents to everybody in the world, not just your manufacturer. Many parts that are made by subcontractors are not patented (and never will be) to avoid that level of detail being put in the public domain.

Having a patent might give you a nice warm feeling, but unless you also have a lot of money and a good legal team, it doesn't give you any real protection in practice. Some companies even employ engineers to read patents, extract the "good ideas" from them, and figure out a different way of achieving the same result to work around them.
 
  • #3
I hold six patents. You know how much in royalties I've made? $0.
 
  • #4
AlephZero said:
You don't have to give them "all" your CAD files. They only need enough information to cut each part. They don't need to know how the parts fit together to make the complete device, or even what the complete device is supposed to do.

In any case, any reputable commercial manufacturing company should have a standard non-disclosure agreement with its customers.

In fact patenting your device would mean that you have to provide full disclosure in the patent documents to everybody in the world, not just your manufacturer. Many parts that are made by subcontractors are not patented (and never will be) to avoid that level of detail being put in the public domain.

Having a patent might give you a nice warm feeling, but unless you also have a lot of money and a good legal team, it doesn't give you any real protection in practice. Some companies even employ engineers to read patents, extract the "good ideas" from them, and figure out a different way of achieving the same result to work around them.

That was a sobering read. Capitalism is ruthless.
 
  • #5
Jarfi said:
That was a sobering read. Capitalism is ruthless.

What does that have to do with Capitalism?
 
  • #6
analogdesign said:
What does that have to do with Capitalism?

If it was only a Capitalist problem, the safest place to outsource all your manufacturing would be China :biggrin:
 
  • #7
analogdesign said:
What does that have to do with Capitalism?

Quite obviously, how patents are dealt with is a symptom of a disgusting and outdated system.

I will not get into political discussions here.
 
  • #8
Jarfi said:
Quite obviously, how patents are dealt with is a symptom of a disgusting and outdated system.
No, they aren't. Patents exist for protection of intellectual property and the protection is best in western/capitalistic countries -- but as said, that doesn't really have anything to do with capitalism. It is more due to the fact that western countries are more stable and less corrupt than, say, China.
 

1. Can sharing CAD files before obtaining a patent jeopardize my patent rights?

Yes, sharing CAD files before obtaining a patent can potentially jeopardize your patent rights. This is because once your invention is publicly disclosed, you have one year to file for a patent in the United States, and after that, your invention may no longer be considered novel or non-obvious.

2. Are there any exceptions to sharing CAD files before obtaining a patent?

Yes, there are certain exceptions to sharing CAD files before obtaining a patent. For example, if you have filed a provisional patent application, you have up to one year to file a non-provisional patent application while still maintaining the original filing date. Additionally, certain countries have grace periods where public disclosure of an invention will not affect patentability.

3. Can I share CAD files with a trusted party before obtaining a patent?

Yes, you can share CAD files with a trusted party before obtaining a patent, as long as they sign a non-disclosure agreement (NDA) to protect your invention. However, it is still recommended to file for a patent before sharing any CAD files to ensure maximum protection of your invention.

4. What are the potential risks of sharing CAD files before obtaining a patent?

The main risk of sharing CAD files before obtaining a patent is that it may invalidate your patent rights. Additionally, if the person you share the CAD files with breaches the NDA, it may be difficult to enforce any legal action against them without a patent in place.

5. Are there any benefits to sharing CAD files before obtaining a patent?

There may be certain benefits to sharing CAD files before obtaining a patent, such as receiving feedback and suggestions for improvement from others in the field. However, it is important to weigh these potential benefits against the risks of jeopardizing your patent rights.

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