Do you recall what a “fidget spinner” is? These little hand-occupying toys became a worldwide sensation in 2016-2017, but fidget toys have been around in various forms for much longer than that.

Figure 1: Fidget Spinners

When you create or improve upon a product such as a fidget spinner, it may be in your interest to seek a patent on the item so that only you decide who manufactures and sells it. A patent gives you control over who else (if anyone) can produce your work for a certain period of time. After that time period, other manufacturers are free to manufacture your invention and sell it.

In this activity, you will explore patent applications, compare various applications for their similarities and differences, and brainstorm with classmates to design an invention that could be patented. As you work, keep in mind your digital portfolio and technical data packages as they will serve as good resources for completing a patent application.

Materials:

• Device with internet access
• Shared Google doc for each group
• Sketching materials or software
• Supporting Material - Publicly Available or Privately Held? Conducting Patent Searches — Student Answer Document

Safety Notes:

• When using technology, engage in safe, legal, and ethical behavior; this applies to devices (hardware), application or programs (software), and interactions with others.
• There are no anticipated physical safety risks associated with this Activity.

Part 1: Patent Search

Figure 2: A lightbulb symbolizing innovative ideas

1. So you have your big idea – you’ve designed it, built prototypes, and kept your technical data package current. It’s time to apply for a patent. One big part of that application will be researching to be sure no one else has already patented what you think is your unique creation.
2. Using the U.S. Patent Search database, look at this fidget spinner patent. Be sure to read the claims and explore the images linked to the patent Web Link - Fidget Spinner Patent .
3. This particular spinner was created and patented by Scott McCoskery and has been referred to by Forbes magazine as the "iPhone of desk toys" because his version is expensive and hard to get – making it higher in value to those willing to spend for it. Read more about it here: Web Link - The $199 Torqbar Is The iPhone Of Desk Toys
4. The types of fidget spinner you may be familiar with are more like the ones in the image at the beginning of this activity. McCoskery has a utility patent, but there are plenty of manufacturers making fidget spinners in a wide variety of designs that were doing so before or just as McCoskery registered his patent. You are going to look at Scott’s patent and compare and contrast it with multiple other patents to see where they are similar and different.
5. In your group, click through the fidget spinner patent by clicking “Images” at the top of the screen. Figure 3: The search feature at USPTO
   
6. Then see “Full Pages” on the left hand side of the next screen. Figure 4: A sample patent found on USPTO
   
7. Read through the patent information and look at some of the pictures included in the conceptual technical data package to see what the fidget spinner is intended to do and look like. Then, go back to the original search result and click through some of the References Cited to see what other patents have been examined as part of the application and/or examination process. Think about if of them look or function like the fidget widget you created in Activity - Fidget Widgets
8. In particular, look at patent application number 5591062, that of Catherine Hettinger. Web Link - Fidget Spinner Patent Application
9. There was quite a bit of controversy over her invention, as it was erroneously credited by some news outlets as the original fidget spinner when the craze of 2016-2017 started. Read more about it here: Web Link - How the fidget spinner origin story spun out of control
10. Hettinger abandoned her patent in 2005, so the claim is moot, but was it really the first fidget spinner? Work in your group to discuss the similarities and differences in the patents you review and decide as a group if you would have awarded McCoskery his patent.

Part 2: Inspiring Designs

1. So McCoskery’s patent is legitimate, right? And Hettinger’s patent is legitimate for her idea, too? With your group discuss: What others did you find? Do any seem like they could have inspired a new product? One thing that makes inventing interesting is that often we are inspired by, and build upon, others’ work. We just have to be careful not to infringe or copy their ideas.
2. Take a few minutes to read and take notes on this article about how companies innovate and keep growing without taking on too much risk: Web Link - Innovate Your Way to Growth While Minimizing Risks
3. Answer the questions in Table 1: Article Questions in your group’s shared Google doc. For all answers, there may be variance among group members. This is fine and could lead to rich discussions.. 

Table 1: Article Questions.

Part 3: Make It Your Own

Figure 5: A beach umbrella and chairs

1. Imagine that you are a manufacturer of beach umbrellas. Brainstorm with your group about an umbrella you could develop that you believe no one designed before. Record your ideas in a word cloud or list in your group's Google doc. A beach umbrella that attaches to a cooler or other umbrella? A beach umbrella with a built-in cooler/stand? Or perhaps one with built-in speakers and Wi-Fi connectivity. Remember: a good brainstorm includes everyone’s input, and there are no wrong answers. 
2. When you agree on an initial idea, take a few minutes to compare notes and create a group set of sketches for how it might look and function. Then, generate a list of keywords you can use to start your patent search.
3. Note that a true patent search can take many hours. Learning how to use the search and then searching the multiple terms you would need to find patents for similar inventions takes significant time. In this activity, you will do a cursory search and examine one or two patents, not all of the patent applications related to your brainstorm.
4. On the U.S. Patents and Trademarks Office site, you can find two main patent search databases. PatFT (patents full text) and AppFT (applications full text). PatFT contains the full text of all granted US patents from 1790 to the present. AppFT contains the full text of all published US patent applications, including “pending” ones that are being examined and ones that were unfinished, or “abandoned”. Applications and issued patents can both be found at the same URL. See "Additional Resources to Explore" to visit these sites.
5. As you read through the data provided in each patent, consider the types of documentation you have learned about.

Table 2: Technical Data Package Data Types.  Web Link - Technical Data Package (TDP) Tutorial

6. Finally, write a brief paragraph explaining why you believe your design is different enough from prior patented designs to warrant your own patent. Include any relevant product or manufacturing documentation in your Google doc. 

Reflect and Apply:

1. What specific information would you need for each of the data packages you’ve reviewed to substantiate your patent? 
2. What information is the hardest to document for a patent application?
3. How are the drawings created for patent applications important? What other data formats would be helpful in modern-day patent applications?

Extension:

• Journal Question: Do you consider developing NDP priorities will be important to advanced manufacturing going forward? Do you see yourself as an intrapreneur? Why or why not?
• Create a prototype for your new product using TinkerCad.

Additional Resources to Explore:

• Web Link - PatFT (patents full text)
• Web Link - AppFT (applications full text)
• This story highlights how entrepreneurs can make money by being quick to market on a product that is not yet patented: Web Link - How These Two 17-Year-Olds Are Cashing In On The Fidget Spinners Everyone Is Talking About