Reverse Engineering & New
Product Development
What does it mean to reverse engineer something?
Reverse engineering is the general process of analyzing an object in
order to determine how it was designed or how it operates. Reverse engineering is not confined to any
particular purpose, but is often used as a part of a company's research and
development. The process of taking something apart and revealing the way
in which it works is often an effective way to learn how to build a new
product or make improvements to an existing product.
How is reverse engineering performed?
To reverse engineer, a researcher gathers data needed to document the
specifications of a product or part by performing a product inspection.
Reverse engineering allows researchers to understand both the form and
structure of an object and any aspects causing it --or the product it is
apart of -- to malfunction.
What are the benefits of reverse engineering?
The primary benefit of reverse engineering is new product
development. With reverse engineering, manufacturers can compete against products
that dominate their market. Creation of better product designs often
begin with the reverse engineering process.
How is reverse engineering used in product development?
- Understanding a product's use
- Locating and fixing malfunctions or limitations with product
inspection
- Studying design ideas
- Creating compatibility between products
- Finding out if someone has copied elements of a product that is
protected by intellectual property law
- Improving obsolete products
How does reverse engineering differ from other types of engineering?
When a product is engineered, the process begins with an idea
that, working forward, becomes a product. When something is reverse
engineered, the process begins with a product that, when examined
reveals, ideas and other concepts used to create it. Reverse engineering
aims to duplicate the product in order to modify or enhance the original
product design.
What stages are involved in reverse engineering a product?
- Identifying the product or component which will be reverse
engineered
- Measuring the product by digitizing it using a 3D digitization / 3D
laser scan
- Documenting the specifications of the product
- Implementing the data generated by reverse engineering in a replica
or modified version of the original product
- Designing a new product
Is reverse engineering for new product development legal?
Yes. Reverse engineering is a legitimate form of discovery in both legislation and court opinions. The Supreme Court has confronted the issue of reverse engineering
multiple times and has upheld it as a vital method of the dissemination of
knowledge that encourages innovation in the marketplace and avoids the
creation of monopolies.
See:
Does making a temporary copy of an object in the reverse engineering
process infringe intellectual property rights?
Though companies have attempted to bring claims against those who
reverse engineer, reverse engineering is considered a fair use when
"no alternative means of gaining an understanding of those ideas
and functional concepts exists."
See: Sega Enterprises Ltd.
v. Accolade
Is reverse engineering an object affected by patent law?
Yes and No. Sometimes a product may contain components from different
manufacturers that may be protected by patent law. However, the
specifications of the component must be disclosed in the published
version of a patent.
Since some components are very complex, it would not be possible to
figure out how the whole product works without having to replicate some
of its parts.
Does trade secret protection of information contained within a product restrict reverse engineering?
Yes. However, the status of a trade secret depends on efforts
undertaken by the owner to maintain the secrecy of the information. There
is no limitation on how long trade secrecy is enforceable; trade secrets
can potentially provide eternal protection for any product.
Should someone who plans to reverse engineer a product be concerned
with trademarks?
No. Trademark law protects words, names, symbols, or devices that
identify the source of goods and services -- not the product or
components of a product.
Should someone who plans to reverse engineer a product be concerned
with copyright?
No. Copyright protects an expression, such as a literary, musical or
artistic work. Copyright does not cover ideas, processes, procedures,
systems, or methods of operation.
See: U.S. Code : Title 17 : Section 102
Keywords: reverse engineering, reverse engineer, product development, new
product development
NOTE: Laser Design is NOT an authority on intellectual
property law. This page is for informational purposes only and does not
constitute legal advice of any kind or the current state of intellectual
property law as it may change without notice. If you have questions about
intellectual property law or wish to receive advice pertaining to your
situation, please contact your attorney.
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