intellectual-property patents
How to legally use patented designs for new CAD invention
<p>I would like to create a mechanical piece of hardware using commercially purchased goods, for instance, drivetrain components like constant-velocity joints and driveshafts which can be purchased. I imagine some of this is patented.</p>

<p>How can I obtain the rights to create 3d replicas of such objects in my modeling software of preference such that I can distribute my design with that product as part of it? I would be modeling these items either myself using mechanical drawings I'm provided or converting from various repositories on the internet.</p>

<p>Ideally, I would distribute the completed model under GPL.</p>

<p>A <strong><em>Utility Patent</em></strong> protects the functional embodiment of the invention, not the "design or concept." Some parts of a patent might be covered by copyright in some rare instances (such as a photo).</p>

<p>In other words, a utility patent prevents you from legally creating a functional copy or version of a patent-protected device. (Utility patents do also extend to things such as processes, methods, code, plants.)</p>

<p>But it does <em>NOT</em> prevent you from using that device <em>in</em> a <em>design</em> for some other device. And you can produce your device that incorporates that patented part so long as the part that is under patent protection <strong>is one that you purchased from an authorized supplier and not manufactured by you</strong> (unless you of course obtained a license to do so).</p>

<p>I.e. you need a license to <em>PRODUCE</em> physical versions of the device protected by the utility patent.</p>

<ul>
<li><em>(That said, the company that holds the patent is under no obligation to supply the device to you. That is, let's say company Squatting Inc. holds the patent on <strong>left-handled brass wigimajiggers</strong> but they are not actually producing them, or they are producing them but only using them in their own products and you can not buy one — if you require one for your design, you are out of luck until their patent expires and you can make your own left-handled brass wigimajigger.)</em></li>
</ul>

<p><em>DESIGN</em> patents are very different, they cover a design that is "ornamental" in nature, and does not sound relevant to your issue.</p>

<p>Copyright covers an expressive work which <em>may</em> be a design - but copyright wouldn't cover the physical U-joint for instance. Copyright could cover the actual 2D plans for something, but typically not the item the plans <em>create</em>.</p>

<p>On the "plans" issue there are some subtleties, for instance in 1990, Congress passed the Architectural Works Copyright Protection Act which provides some limited protections for building plans.</p>
