Patents and case designs

TheHig

King of Cable Management
Oct 13, 2016
951
1,171
If your designs are copied, then you must be doing something right. This happens in business all the time. Sometimes it's done on purpose, and other times not. Even if our cases aren't copied 100%, they are still inspiring people in some fashion or another.

IMO, I don't think patents are worthwhile unless you have some particular feature that's very special and key to your product. I feel you're better off building a successful brand, excellent product, and loyal customers.

This. Imitation is the best form of flattery yadda yadda. However there is a danger of a larger entity with all their vast resources producing a cheaper knock off of an indie case. I still think the Couger QBX is a an NCase M1 knock off at least as far as the layout is concerned. The N case is a lot more expensive but also a lot better. It sells on what it has to offer specifically. What is to stop Lian Li from putting out a Dan A4 type layout for instance? Any laws apply there?

Innovators are often copied or "ripped off" even but they are the ones to push things forward and challenge convention. This is worth it for all in the long run to keep things like as layouts and such open and available to all. The danger of locking down things is the stifling of advancement. What if the ATX form factor was licensed? Not cool.

Scratch building your own case with an S4 mini, Ncase, or A4 layout is completely acceptable. I think that taking a DIRECT copy to market would be kind of a dick move. As mentioned earlier in the thread there are only so many ways to arrange the hardware available so things other than layout are the difference makers. Materials, aesthetics , ease of use, cooling capabilities and on and on.
 
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Kmpkt

Innovation through Miniaturization
KMPKT
Feb 1, 2016
3,382
5,935
A couple of questions regarding patents for those that may have more experience than I do in this realm:

- Is it even worth getting provisional/official patents on case design and utility elements, or is it just a waste of money? I'd been planning on taking a couple of provisionals out to buy myself a year if I end up launching my case (which is why I haven't revealed anything about it yet), but it sounds like it'd be a waste of my money.

- What is keeping someone from taking my ideas, patenting them afterwards and then suing me out of them if I decide not to patent? If I have a build log that has photos and is time stamped, would that be sufficient to prove that their idea wasn't patentable in the first place?

What I am getting from this thread (and I've heard this from other people outside of these boards so this isn't exactly news to me) is that one's time is better spent building a brand and image and marketing that rather than spending time trying to put legal barriers in place to prevent people from copying you. I'm also taking from this that patents are really only for the big boys as one of us small fries would never have the financial ability to reasonably defend against or prosecute them in a real world scenario. Finally with patents being country specific, there's nothing stopping someone one country outside the Eurozone from completely ripping off your patents in that region and just drop shipping around you via internet sales?

As far as the community and what it is willing to tolerate, I think this entire process has let me know that I certainly sit on the conservative end of the spectrum with respect to intellectual property and one individual's ability to defend against the attempts of another to mimic. What I think I'm seeing is a marked difference in opinion between the North American and European members, which certainly belies what are likely significant cultural difference on these issues. This is actually really helpful to see as I already hold utility patents on a medical device I designed and was thinking of taking a European patent out as well. I'm not so sure I'll bother anymore if the regulations in the EU are reflective of what I'm seeing here (no offence to anyone, just a matter of business).

I certainly appreciate that too much protection for the IP rights of the individual stifles creativity and I certainly don't want to see every poor soul that uses a centred bulgin switch get e-lynched. That being said, I think if multiple core elements of someone's design are commonly recognized as being unique to someone else's implementation I would like to think we will call an individual on it. That being said I might end up being the only angry asshole again and that certainly wouldn't be a first : )
 
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Josh | NFC

Not From Concentrate
NFC Systems
Jun 12, 2015
1,869
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It depends on your idea.

In the case manufacturing world building a brand is probably a better use of your time, as there isn't a nuclear war over patents going on. The last company I was involved in was brutal and after our glorious leader changed how patent law works (first use to first to file) we faced lawsuits by our larger competitors over our own technology which we had been treating as trade secrets.

Either way, I don't think design patents are worth much, utility patents on the other hand can really help your company if you are looking at getting funding or selling.
 

iFreilicht

FlexATX Authority
Feb 28, 2015
3,243
2,361
freilite.com
- Is it even worth getting provisional/official patents on case design and utility elements, or is it just a waste of money? I'd been planning on taking a couple of provisionals out to buy myself a year if I end up launching my case (which is why I haven't revealed anything about it yet), but it sounds like it'd be a waste of my money.

- What is keeping someone from taking my ideas, patenting them afterwards and then suing me out of them if I decide not to patent? If I have a build log that has photos and is time stamped, would that be sufficient to prove that their idea wasn't patentable in the first place?

IANAL, but if you can prove prior art, you're on the safe side, at least in the EU. I have zero concerns about this happening to me, that's why I openly share a lot of details about the stuff I design. Which, to be fair, is not something everybody is comfortable with, but to me it seems like the safer approach, and I actually think that another company copying your product can be good for your own business, as long as your product is the superior one. If you think about it, bad copies of your product can be free advertisement (as long as they're not sold under your brand name).

I'm pretty sure that posting pictures in build logs and on social media would be enough, but if you really want to be sure, contact a lawyer first.

Josh is right about utility patents, they add value to your company, so if you want to build it quicker through investors, that can be quite useful. Unfortunately, filing patents itself is quite costly, so if it isn't as valuable as you think you might actually lose money on that.
 

EdZ

Virtual Realist
May 11, 2015
1,578
2,107
Patents in the EU are generally harder to file (no blanket 'x on a computer' software patents, thank goodness), and somewhat easier to defend against abuse. Patent trolls targeting EU multinationals file within the US for a reason!
 

Lone

King of Cable Management
Lone Industries
Feb 25, 2015
731
1,248
loneindustries.com
I didn't hear this directly, so there may be important missing details. My employer was advised by their lawyer that if you have an established, well known product in the market place, it is possible to protect it based on those facts. You can send friendly notices to companies, but ultimately I think it's up to them to decide whether they will listen or not. I imagine it would take 10's of thousands of dollars, if not more to take someone to court.

I'm not very knowledgeable when it comes to patents, but I have read on the interweb that some people just get a "patent pending", and never go further, in order to discourage copying.
 

Josh | NFC

Not From Concentrate
NFC Systems
Jun 12, 2015
1,869
4,467
www.nfc-systems.com
When people say "there are only so many ways to lay out a case" which I now have heard several times on this forum, I say yes, that is true, and that makes case layout ideas something valuable and to be respected. Because you know what? You can always go lay out your hardware according to ATX standards. Obviously layout is the most important aspect of a chassis.

Please, stop undervaluing the most valuable ideas in our community. Try to respect each other's work and their achievements. Celebrate their success, promote each other's ideas, and CREDIT them. It takes NOTHING away from our glory to credit the artists, engineers, and thinkers whose shoulders we stand on.

If you see something you like, try to make it your own; put your own flair on it. Credit the source. I do think it is valuable to politely ask how something is different from what is available--not going on a witch hunt and torching the product of their passion, but test it. See if it is passion, or just shoddy plagiarism.

This community will dissolve very quickly if we don't, and the phrase "there are only so many ways to do X" will be the bell that signals the end.

Peace.
 

zovc

King of Cable Management
Jan 5, 2017
852
603
I don't know if this is beating a dead horse or whatever, but I'd be happy to be thrown under the bus for the sake of example.

In January, I had an idea that I can assure you was 'unique'. I mocked up something in TinkerCAD since I'm not competent in SketchUp or any more powerful 3D rendering/CAD software and gave a few pitches for the idea and layout. All of this came to me without having seen Project Orthrus! Of course, after I rambled in a thread I went to see if anyone else had similar ideas on here. Lo and behold, @LukeD is pretty far along with their project! I went ahead and edited my post to mention LukeD and even posted in Project Orthrus to show good faith that I had overlooked their design.

But let's say I didn't stumble upon Project Orthrus and ended up designing a very similar chassis. Would that be a bad thing? What if one of our cases ended up being significantly more successful? What if mine--having started progress quite a way's after--was the one that came out on top in terms of sales/profit?

(I don't have any intentions of progressing with the design or production, and I'm not trying to make a pass at LukeD or their case. I'm just trying to offer a specific example if that will help the discussion.)
 
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Josh | NFC

Not From Concentrate
NFC Systems
Jun 12, 2015
1,869
4,467
www.nfc-systems.com
I don't know if this is beating a dead horse or whatever, but I'd be happy to be thrown under the bus for the sake of example.

In January, I had an idea that I can assure you was 'unique'. I mocked up something in TinkerCAD since I'm not competent in SketchUp or any more powerful 3D rendering/CAD software and gave a few pitches for the idea and layout. All of this came to me without having seen Project Orthrus! Of course, after I rambled in a thread I went to see if anyone else had similar ideas on here. Lo and behold, @LukeD is pretty far along with their project! I went ahead and edited my post to mention LukeD and even posted in Project Orthrus to show good faith that I had overlooked their design.

But let's say I didn't stumble upon Project Orthrus and ended up designing a very similar chassis. Would that be a bad thing? What if one of our cases ended up being significantly more successful? What if mine--having started progress quite a way's after--was the one that came out on top in terms of sales/profit?

(I don't have any intentions of progressing with the design or production, and I'm not trying to make a pass at LukeD or their case. I'm just trying to offer a specific example if that will help the discussion.)

Two people are credited with defining modern calculus at the same time. It happens because of the culture, environment, and luck. Sometimes a person comes up with an idea in a vacuum that someone has done or implemented long before as well. Luckily we have this forum and all of us can do a quick search and see if one of our own is working on something we might be interested in developing. I have a couple projects I might release one day even though I came up with the completely independently from other ideas here that I consider groundbreaking. I still want to link to the projects that implemented them first, and best.

I think the big problem is not with NEW ideas that are being forged and discussed here in an open FORUM, but rather long term, more complete projects that leverage community or other individual ideas without any sort of attribution.

Peace
 

EdZ

Virtual Realist
May 11, 2015
1,578
2,107
The problem its it is almost impossible to search for an existing case layout. Unless someone else happens to have written the same textual description you are using to describe your layout (e.g. "a short GPU that is next to the motherboard and faces the opposite way using a riser" could cover a multitude of arrangements, and may not even turn up the one you are thinking of), or you happen to stumble across it by chance, you're unlikely to find a 'match' without directly showing your design to someone else who has happened to stumble upon an existing case with the same design. As @zovc described, it is easily possible to come up independently with the same component layout as another case, and never know about it.
 
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K888D

SFF Guru
Lazer3D
Feb 23, 2016
1,483
2,970
www.lazer3d.com
I think the argument is more around case construction and overall aesthetic rather than layout.

For example there are hundreds of cases on the market that use the standard ATX tower layout, but you can tell a Corsair case from for example a Phanteks case pretty obviously. They both have strong brand identity which allows them to both compete successfully in the same product category.

Taking inspiration from a case layout cannot be avoided, as mentioned there are only so many layouts as @Josh | NFC has mentioned. But what can be avoided are similar looking cases competing in the same category with the same type of construction/materials.

Your brand is important and I think as a community we should respect that and ensure we put effort into creating our own identity rather than fighting over layout.

An example of this is the new case @Necere has just revealed, the design is a new take on a familiar layout, but the aesthetic is unmistakingly an NCASE design, an absolutely gorgeous looking case with it's own brand identity. That is how it should be done.
 
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Kmpkt

Innovation through Miniaturization
KMPKT
Feb 1, 2016
3,382
5,935
Honestly I'd just send out fake cease and desist letters that look like they're from a lawyers office. I'm pretty sure most people never having received that sort of correspondence before would probably shit their pants and stop.
 
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zovc

King of Cable Management
Jan 5, 2017
852
603
Honestly I'd just send out fake cease and desist letters that look like they're from a lawyers office. I'm pretty sure most people never having received that sort of correspondence before would probably shit their pants and stop.

Reminds me of how a property manager suggseted that if anyone witholds a security deposit to just ask a lawyer you know to call them. He said, "You'll get your deposit back." Haha
 

iFreilicht

FlexATX Authority
Feb 28, 2015
3,243
2,361
freilite.com
When people say "there are only so many ways to lay out a case" which I now have heard several times on this forum, I say yes, that is true, and that makes case layout ideas something valuable and to be respected. Because you know what? You can always go lay out your hardware according to ATX standards. Obviously layout is the most important aspect of a chassis.

Okay, I'm with your there.

Please, stop undervaluing the most valuable ideas in our community. Try to respect each other's work and their achievements. Celebrate their success, promote each other's ideas, and CREDIT them. It takes NOTHING away from our glory to credit the artists, engineers, and thinkers whose shoulders we stand on.

I like to think that we all do that, do you have any examples (even just generalised ones) that could cement how exactly you would want this to turn out? For example, if someone starts to sell a case that has the same layout as the S4, do you think they should credit you? If so, why? In some cases I would agree with you and in others I wouldn't.

If you see something you like, try to make it your own; put your own flair on it. Credit the source. I do think it is valuable to politely ask how something is different from what is available--not going on a witch hunt and torching the product of their passion, but test it. See if it is passion, or just shoddy plagiarism.

This community will dissolve very quickly if we don't, and the phrase "there are only so many ways to do X" will be the bell that signals the end.

Peace.

I agree that we should not trivialise or even encourage plagiarism, as much as we open ourselves up to it by developing ideas close to and with the community. But I also think that people are quick to jump to claims of being ripped off by someone else when really they weren't. But I don't know what angle you're coming from, so again, an example would be helpful.

But let's say I didn't stumble upon Project Orthrus and ended up designing a very similar chassis. Would that be a bad thing? What if one of our cases ended up being significantly more successful? What if mine--having started progress quite a way's after--was the one that came out on top in terms of sales/profit?

This is a good case in point that deserves discussion. So initially, there's of course no guilt in your position. You came up with an idea and transformed it into a product that you want to sell. If you never hear about the competitive product, make it to market and come out on top, clearly you did something better even if it was just marketing.

But, this being a small community still, that is very unlikely to happen. At some point, either of you is going to hear about the other, and then you've got a bit of a problem. You could of course try to fight, but I think that isn't in your own interest. In the end, the amount of customers you can have is limited, so cannibalising each others product isn't something that would benefit either of you.

I think the solution to something like this would be cooperation. For example, before going to a prototype stage, you could both agree to tell your followers about the other project and see which one is liked better and for what reason. If either of you comes out as a clear winner of that, congratulations, one of you just saved a bunch of money and a prototype that would've been wasted, the other got a few additional customers. Take the lessons you've learned and try something new, don't see that as defeat. If people are indifferent, you can assume that your cases, while being similar, have a different philosophy behind them and can coexist easily. Now you have healthy competition and a good reason to try and bring your product to market quicker and make it better than the competing version. This is exactly the way a free market should work and the way everyone benefits.

I know that this would be a very tough decision to make for most, but I believe it is the correct one.

The problem its it is almost impossible to search for an existing case layout. Unless someone else happens to have written the same textual description you are using to describe your layout (e.g. "a short GPU that is next to the motherboard and faces the opposite way using a riser" could cover a multitude of arrangements, and may not even turn up the one you are thinking of), or you happen to stumble across it by chance, you're unlikely to find a 'match' without directly showing your design to someone else who has happened to stumble upon an existing case with the same design. As @zovc described, it is easily possible to come up independently with the same component layout as another case, and never know about it.

Which is exactly what the phrase "there's only so many ways to lay out PC components" entails. But I also agree with Josh that you should tell people where you got your inspiration from if you try to improve on the work of someone else. This can also be very helpful for yourself, because you can make additions to the design that the original creator doesn't want to or cannot make. For example, if you wanted to make a case like the S4, tell people that you want to do something similar, and ask them what they would want to improve about it. There's probably a market for a similar case with ODD support.

I think the argument is more around case construction and overall aesthetic rather than layout.

For example there are hundreds of cases on the market that use the standard ATX tower layout, but you can tell a Corsair case from for example a Phanteks case pretty obviously. They both have strong brand identity which allows them to both compete successfully in the same product category.

Yes, that is a very important point. Though some companies like Thermaltake don't like that idea and copy other brands design regularly as has happened to Fractal and Caselabs. And I think they're rightfully getting shit on for that.

Taking inspiration from a case layout cannot be avoided, as mentioned there are only so many layouts as @Josh | NFC has mentioned. But what can be avoided are similar looking cases competing in the same category with the same type of construction/materials.

Not only can inspiration from other layouts not be avoided, but I also think it shouldn't be avoided. A layout is the functional basis of a case, but that is only part of it. The highly successful shoebox layout has the most incarnations in the SFF space and every single one of those cases is selling, because even with the same feature-set, people just have different taste in looks.

Your brand is important and I think as a community we should respect that and ensure we put effort into creating our own identity rather than fighting over layout.

I fully agree.
 

Kmpkt

Innovation through Miniaturization
KMPKT
Feb 1, 2016
3,382
5,935
This makes me think of when Tom Petty's lawyers sued Sam Smith for writing credits on "Stay with Me" because it had similar chord progressions and timing to "Won't Back Down". Sam Smith maintained he hadn't heard the song before and hadn't taken it without credit, but when it came down to legal precedent Tom Petty won - ignorance was not an adequate defence. Much the same as with building cases that are pleasing to the eye, there is only so many ways you can combine and time notes in a way that is pleasing to the ear. At the end of the day, I don't think Tom Petty even wanted a percentage of royalties, but merely to be credited with the creation of the structure of said song some twenty to thirty years earlier (and perhaps the Grammy that eventually went along with it). I think maybe what it comes down to is do you think of cases as a utilitarian device or a form of art. I would certainly, especially in this realm, argue for the latter. I do agree with Josh in a sense that if we don't help protect the IP of those in our community, it is only a matter of time before a Silverstone, Phanteks, Fractal or other large case manufacturer comes in to take our most successful projects and undercut us on them.
 

iFreilicht

FlexATX Authority
Feb 28, 2015
3,243
2,361
freilite.com
This makes me think of when Tom Petty's lawyers sued Sam Smith for writing credits on "Stay with Me" because it had similar chord progressions and timing to "Won't Back Down". Sam Smith maintained he hadn't heard the song before and hadn't taken it without credit, but when it came down to legal precedent Tom Petty won - ignorance was not an adequate defence. Much the same as with building cases that are pleasing to the eye, there is only so many ways you can combine and time notes in a way that is pleasing to the ear. At the end of the day, I don't think Tom Petty even wanted a percentage of royalties, but merely to be credited with the creation of the structure of said song some twenty to thirty years earlier (and perhaps the Grammy that eventually went along with it). I think maybe what it comes down to is do you think of cases as a utilitarian device or a form of art. I would certainly, especially in this realm, argue for the latter. I do agree with Josh in a sense that if we don't help protect the IP of those in our community, it is only a matter of time before a Silverstone, Phanteks, Fractal or other large case manufacturer comes in to take our most successful projects and undercut us on them.

But, there's been a lot of music made over the last few centuries, and I've experienced this with other pieces of music as well. PC cases have only been around for a few decades, so there's much more stuff that hasn't been done before. But it's of course impossible to prove that you didn't see or hear something ever before.

Article about this: http://consequenceofsound.net/2015/...riting-royalties-for-sam-smiths-stay-with-me/

Seems like they settled out of court anyhow. So I'd hope that we, should issues like this ever arise, could do the same.

There's also the question of how we can protect ourselves against big companies, and I think that we absolutely cannot, at least I wouldn't know of a way.
 

TheDreamingMonk

Average Stuffer
Sep 17, 2016
62
48
Don't confuse design for layout or vice versa. I think this is the biggest issue being confused here. Designs can be infinitely unique. Layouts are not. Unless you plan to start custom fabricating your own motherboards, gpu's, psu's, risers that are flexible and long enough to do literally anything with ( twist, turn instead of just fold ). You're bound to standard components, you can't change that ( without more money than most if not all of us have ).



To prove this, I ask this to this whole community, everyone submit a very basic mITX case layout optimized for space efficiency and utilizing a low profile cooler like the L9i. Just one per person is all that's needed, but more would simply show that everyone will have the same ideas. You'll quickly come to a point where you simply can't be unique. Very quick.

This is where case design comes into play. Make your case stand out from the others with it's design. Build quality, materials, colors and anything else you can think of.



There's also the question of how we can protect ourselves against big companies, and I think that we absolutely cannot, at least I wouldn't know of a way.

You can't. Hell, even CaseLabs had their cases ripped off by several companies. Most notably would be ThermalStealTake. Though there were one or two companies that made EXACT copies, I mean... to the point of needing to really take a minute and really think about it.

And in terms of stifling the community over layouts. Look at Silverstone. They did a wonderful job with the 90* motherboard layout patent. They weren't the first, but they were the first to patent it. And even though it wasn't in the US... people were still afraid to even try. Though, I believe it's expired now.
 
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Josh | NFC

Not From Concentrate
NFC Systems
Jun 12, 2015
1,869
4,467
www.nfc-systems.com
If I cared about suing people or writing cease and desist letters, or slinging mud at people, I would have done it by now. I hate that, and want nothing to do with it.

Let me tell you this...

It really REALLY burns to see your work taken and then have uneducated people accuse you, the originator, of copying the thief. It burns even worse when you get a C&D from the bigger guy who patented your work.

I'm completely done with this thread so I won't be answering any replies.
 
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danger

Average Stuffer
Jan 7, 2017
66
47
Oh wow, the catz really is a terrible ripoff of the NFC S3 and S4. You can say that once you get to a certain size, the designs become more similar, but some aspects like the cutouts and wraparound front bezel are just unique to NFC that really don't need to be in a case like this.