I’m posting this in the MakerWorld section because this is where I see a lot of copycat designs… or are they???
Often, I come across something close to what I need but lacking a critical feature. For example, a clamp oriented at a 45-degree angle when I need it at 180 degrees, with no alternative available. In such cases, I replicate the idea in CAD and create my own version. But where’s the line between innovation, plagiarism, and outright IP theft?
Take this example: If I see a product on Amazon that was clearly engineered and fabricated for a specific purpose, and I draft a similar version in CAD to print my own, is that IP theft?
Or another scenario: I find a model on Thangs where the designer charges for it, but I reverse engineer their design and make my own version. Did I cheat them, or are some ideas so obvious as not meant to be protected?
Where does one draw the line?
The concept of Parallel Invention
This concept is often discussed in intellectual property disputes and is known as “simultaneous invention” or “parallel invention.” It occurs when multiple individuals or groups independently arrive at the same solution to a problem, often because the solution is the most obvious or effective under the circumstances—much like the invention of “the wheel.”
In the context of intellectual property, this phenomenon underscores how certain ideas or innovations become “ripe” for discovery, driven by shared needs, technological progress, or environmental factors, akin to parallel evolution in biology. It’s common to see this happen when one “Ah-ha!” moment occurs, sparking a cascade of independent and unique derivative ideas once the path has been revealed.
13 posts - 5 participants