I saw this beautifful machine made in china on the internet, I have studied it, researh on it, I think is what I can do and the material needed is here. My questions are
1. have I commited anything against the law if I make my own for commercial use with little changes.

If eventually I succeeded can it be patent?

Please no abuse am a technical personand I believe that anything can be done..

Wirinet and Delishpot i think your advice is needed here.

ireayomide2015:
I saw this beautifful machine made in china on the internet, I have studied it, researh on it, I think is what I can do and the material needed is here. My questions are
1. have I commited anything against the law if I make my own for commercial use with little changes.

If eventually I succeeded can it be patent?

Please no abuse am a technical personand I believe that anything can be done..

You provided little details on the machine you are talking about, so it is impossible to comment on the practicality or feasibility of the project. There are many highly technical people here on nairaland that can give useful advice if you are more forth coming.

Now to your questions;
1. It is a bit tricky. If the machine has been patented, then you will be violating international patent laws, but I would not say it is a crime. I do not know of any country that criminalize or even punish international patent violations. Asian countries, especially China depends on violating international patent and intellectual property rights to drive it's economy.

2. You cannot patent it, since the machine was copied and not designed by you. The original designers of the machine ( most probably Europeans or Americans) would have already patented it. The Chinese most probably cloned the original of the machine with cheaper materials as usual.

Why not make the machine and test it first.

wirinet:


You provided little details on the machine you are talking about, so it is impossible to comment on the practicality or feasibility of the project. There are many highly technical people here on nairaland that can give useful advice if you are more forth coming.

Now to your questions;
1. It is a bit tricky. If the machine has been patented, then you will be violating international patent laws, but I would not say it is a crime. I do not know of any country that criminalize or even punish international patent violations. Asian countries, especially China depends on violating international patent and intellectual property rights to drive it's economy.

2. You cannot patent it, since the machine was copied and not designed by you. The original designers of the machine ( most probably Europeans or Americans) would have already patented it. The Chinese most probably cloned the original of the machine with cheaper materials as usual.

Why not make the machine and test it first.

Lol , Shey you get beef against China ni?

Patents are territorial in nature. That is why applicants apply for patents in every country they intend to exploit their patent. That is also part of why inventions are surrounded with so much secrecy. So that someone does not go and implement the invention in a country where you are yet to apply for a patent. You cannot apply for a patent in Nigeria and expect it to be protected in South Africa for instance. Except there is an express treaty to that effect. there are two limitations to the patent

1. if the Chinese company applies for a patent in Nigeria before he does.
2. the product has already been put on display and our law requires that you apply for your patent before exhibiting the product. except the exhibition was for educational purposes only.

Alternatively the invention may not even qualify for a patent in terms of novelty. Although no one in Nigeria is going to check its novelty, you may run into problems when you try to exploit other markets.

Intellectual property procedure is a bit more complex than most people think. we tend to oversimplify, trade marks, Patents Designs and copyright.

wirinet:


You provided little details on the machine you are talking about, so it is impossible to comment on the practicality or feasibility of the project. There are many highly technical people here on nairaland that can give useful advice if you are more forth coming.

Now to your questions;
1. It is a bit tricky. If the machine has been patented, then you will be violating international patent laws, but I would not say it is a crime. I do not know of any country that criminalize or even punish international patent violations. Asian countries, especially China depends on violating international patent and intellectual property rights to drive it's economy.

2. You cannot patent it, since the machine was copied and not designed by you. The original designers of the machine ( most probably Europeans or Americans) would have already patented it. The Chinese most probably cloned the original of the machine with cheaper materials as usual.

Why not make the machine and test it first.

ireayomide2015:
I saw this beautifful machine made in china on the internet, I have studied it, researh on it, I think is what I can do and the material needed is here. My questions are
1. have I commited anything against the law if I make my own for commercial use with little changes.

If eventually I succeeded can it be patent?

Please no abuse am a technical personand I believe that anything can be done..

To patent it, you must make sure that the original designer did not patent his own or you recreate your own and exchange some very critical part or item the original creator has patented with your own. Example, if someone patents a particular oil powered battery using WiFi to connect and charge phones you can use the same WiFi idea and patent a water powered battery design. So yes they both use wifi but the means of power makes them unique.

I do not think it is bad to make and sell it as long as you do not use the original creators name, logo and brand and claim it as yours . Just like cars and other inventions, people copy and recreate their own designs.

4kings:
Wirinet and Delishpot i think your advice is needed here.

Thank you very much, am asking this because It will take alot of money and trier errors to come up with standard like the one I saw, am just trying to avoid a situation whereby I wll finish the job and someone will now come up with legal one thing, one thing, thank you I will go ahead...

Patented:
Patents are territorial in nature. That is why applicants apply for patents in every country they intend to exploit their patent. That is also part of why inventions are surrounded with so much secrecy. So that someone does not go and implement the invention in a country where you are yet to apply for a patent. You cannot apply for a patent in Nigeria and expect it to be protected in South Africa for instance. Except there is an express treaty to that effect. there are two limitations to the patent

1. if the Chinese company applies for a patent in Nigeria before he does.
2. the product has already been put on display and our law requires that you apply for your patent before exhibiting the product. except the exhibition was for educational purposes only.

Alternatively the invention may not even qualify for a patent in terms of novelty. Although no one in Nigeria is going to check its novelty, you may run into problems when you try to exploit other markets.

Intellectual property procedure is a bit more complex than most people think. we tend to oversimplify, trade marks, Patents Designs and copyright.

I must confess I am not so conversant with patent laws. I thought it has the same requirement as intellectual property and copyright laws.

From what you said, patent laws and even intellectual property rights is highly complex and varies from country to country. These laws are the perogative of each individual countries, but some countries forge treaties and agreements that protects each other's patent, intellectual and copyright laws.

Just like Delishport said, as long as you do not use the original creators name, logo or brand, you will not have any problem.

thank you...