Hi guys,
i understand that most ppl here are perhaps designers, but do u guys ever realised the importance of intellectual property rights? Hmm juz some thoughts abt this subject...
care to share your knowledge abt it
Intellectual property rights are temporary monopolies granted by the governments of individual countries, giving the holder rights to exclude others from exploiting something that they have created. Each country has its own rules on the matter, and each country puts a different amount of effort into backing up those rules with the force of law. There are treaties that try to make things consistent.
This is a fairly big subject. There are several kinds of IP defined in the USA. For example, the most common types are trade secrets, copyrights, trademarks and patents. Many people think the subject is all about patents, but as these other things indicate, its much more than that.
Many designers here in this forum automatically generate trade secrets in the course of their work. They may also create copyright-able materials too. Trademarks are commonly used by companies to label their products and services.
Patents are a bit more difficult to get. There are two types in the US, design patents and utility patents. Design patents protect the appearance or styling of a thing. Utility patents protect inventions that are not just appearance or styling.
Most larger companies make a point of collecting patents. This isn't just because they like to collect inventions. Patents are used as trading currency in the real world. When one company decides to attack another over a commercial issue that may include their perceived unauthorized use of a patent, the attacked company uses their own patents to threaten retaliation. So, patents are a bit like chessmen in the big game. It is quite common for companies to trade IP licenses back and forth to avoid getting into nasty fights over the commercial spoils of a good invention.
Designers that work inside such companies are encouraged to submit their work for possible patenting. It is common for larger companies to have incentive programs that pay cash bonuses for patent submissions. This is the most money one can get out of a patent idea invented while working for that company because the employee typically assigns all patent rights for anything invented on the job over to the company as a condition of employment. The company owns the rights to these patents, even though the inventors are individually named on the patent.
Wikipedia explains that a patent is the right to exclude others from using an invention. Realistically, many companies don't go in search of infringers and don't sue them left right and center. Rather, they use their patent as insurance that they won't be sued by others for use of the invention. And, as mentioned, their portfolio of patents is used as a pile of trading cards when disputes arise. There are companies that do indeed take others to court, but such litigation is usually over the big important key patents that cover hugely profitable products.
The strength of a patent, that is, how good it is, is really not known until someone decides to fight over it in court. While it might be impressive to be granted a patent, bear in mind that there are many patents out there that are trivial in nature. If an invention is easy to work-around by simply using some other technique that is no more expensive, then a patent is weak. Engineers working inside large companies often get things patented as a result of very small improvements and oftentimes other engineers working in the same field might laugh on hearing that such a tiny improvement won its own patent.
I read recently that Microsoft is applying for a patent on the function of the Page Up and Page Down keys on your keyboard. I hope this does not mean that you have to pay them even more money.
A common rule of thumb for those that want to get a patent for something is that it will cost you about $10,000 for lawyer's fees, on average for a utility patent. A design patent is about $1500 or so. I know one engineer who did his own patent application for a mechanical invention and so paid only the application fees which were less than $1000 I think. The application was not only successful, but was granted in about six months, which is very fast indeed and the application received compliments from the examiner at the patent office for its high quality. So it is possible to do-it-yourself.