Do patents do a good job of protecting the original owner's interest in the item?
/// Filed in: Patent
Law
Patents
seem to do a good job in general when it comes to protecting the
original owner's interest in cases where the invention falls well
within the traditional matter of patents: utility patents, plant
patents, and design patents. Patent law generally provides good
protection for "classic" inventions such as machines, devices, etc
(i.e. tangible inventions). However, as we move from a
manufacture/engineering-based economy towards the digital economy
and the "service/experience" economy, traditional patent protection
has limitations. In the past 50 years US firms sought patent
protection for their inventions since manufacture and engineering
innovations gave them an important competitive advantage. As the
technology matures and global competitors can produce similar
quality products at lower cost, some of the competitive advantage
based exclusively on "tangible" inventions is more limited
(Porter). Additionally, given that nowadays the US economy is
primarily a "services economy" where even engineering companies
that have traditionally focused on device manufacture such as IBM
have shifted their orientation towards providing service solutions;
protection in the area of business processes, software, and other
more "abstract" and "intangible" inventions is becoming more
important. While the USPTO have been shown to be more capable of
adapting to accommodate this shift toward more intangible
inventions than the EPO (European Patent Office), protection is
still limited in many emerging areas.
References:
[1] Stim, R. "Intellectual Property. Patents, Trademarks, and Copyrights" West Legal Studies.
[2] Black's Law Dictionary 5th ed., (West Publishing, 1979).
[3] Manual of Patent Examining Procedure, 8th Edition
[4] The European Patent Convention
[5] Porter, ME. "Competitive Advantage".
References:
[1] Stim, R. "Intellectual Property. Patents, Trademarks, and Copyrights" West Legal Studies.
[2] Black's Law Dictionary 5th ed., (West Publishing, 1979).
[3] Manual of Patent Examining Procedure, 8th Edition
[4] The European Patent Convention
[5] Porter, ME. "Competitive Advantage".