Intellectual Property Rights: Patents - Assignment Example

Intellectual Property Rights: Patents Intellectual Property rights are essential to protect intangible valuables and to encourage people to come up with new processes, machines, things etc. This assignment focuses on patents that are granted to people who make a new invention. In this case Julian a senior technician at Snap-Off that is a tool firm has invented a wheelchair that uses a unique pivoting mechanism which allows the chair to lay flat on the ground. Since he himself is wheelchair-bound his new invention was to enable the physically challenged to work beneath a car. This invention can help empower the disabled to work in an automotive industry. Julian has discussed the invention with his boss because it’s too expensive for him to develop it. Thus, the assignment will advise Julian on certain aspects in the way of getting his invention patented. Patents Patents are exclusive territorial rights granted to the owner of a new invention or the inventor’s assignee but for a limited period of time that varies according to patent laws in every country. A patent protects new inventions that includes how it was made, the material used to make it etc. But it protects new inventions from being copied, made again, sold or imported. Every country has different patent laws and requirements. Patents are granted only to those inventions that have some industrial use. There are three types of patents: Utility patents: These are for inventions and discoveries of new processes of doing something, a machine, an article of manufacture, any new improvement in anything and a new composition to a thing. Design patents: These for inventing a new and unique design for an article of manufacture. Plant patents: These are for inventions or discoveries related to a new plant. Advice to Julian Julian’s boss claims that Snap-Off are entitled to the patent in Julian’s new wheelchair: It is a common practise in the United States and UK by employees of a company that if they invent something then they are required to give the entitlement of their patent to the Company they work as a condition to maintain their employment. Since inventors who work for a company can either maintain their job or do something with their invention. The inventors assign their patent rights to the company they work for in order to maintain their job. Since Julian is wheelchair bound and must retain his job so he has to assign his patent rights to the Company he works for, according to US patent laws. Julian has another option and that will be more profitable. He can get his invention patented independently since a patent does not require a prototype to be made neither in UK nor in USA. Then he can sell these patent rights to Snap-Off. But there is a risk that Snap-Off might not purchase the rights and Julian might loose his job. Patents are an attractive purchase only if the invention is a success and sells a lot. But Julian must consult a lawyer to check his employment circumstances because the employer can be legally entitled to some rights to Julian’s inventions. It maybe viable for Julian to let Snap-Off become entitled to the patent of his invention if he wishes to retain his job in Snap-Off. Since his invention is too technical to produce and manufacture for a home mechanic and only a corporation can manufacture his invention to the mass market so he has no other option then to let Snap-Off be entitled to the patent. Since he himself is wheelchair bound it will not be a good idea to let his job slip off. Overall, it depends on Julian entirely because he knows his situation best. If he can afford and is prepared to risk his job or simply quit so that he can sell his patent rights to another company and gain profits. But this will not be an easy job since convincing companies to buy patents for a new invention is difficult. According to me Julian should let Snap-Off retain the patent rights for his new invention and let the world make use of his inventions. According to the US patent laws if there are two or more inventors then each inventor holds separate patent rights and each can licence his invention or sell it to a corporation. So Julian can convince his employer to file the patent for multiple inventors as well. Dave, a rival of Julian’s, claims that the invention is unregistrable because Speedy Rice, the well known disabled Rally Driver, has been using a similar wheelchair in races around the world, although he has not raced in the UK yet: A new invention can not be registered if someone else in the country you are getting your invention registered has already had a similar invention registered for patent rights. Thus, if Speedy Rice has had his invention registered then Julian can not get his invention registered but if Rice has not had his registered then Julian is free to get his wheelchair registered. It is important for people to get their inventions patented because anyone else can come up with it as well and then reap the benefits. Julian came up with a similar invention and if Rice has not had his invention patented then he will be deprived on the benefits of patents. Patents protect rights to a new invention and they are important to the society due to the following reasons: Patents encourage creativity by ensuring its reward. All creations are used by human beings for their benefits and due to this reason these rights have social applications in economic and social terms like financial gains and reputation. If there will be no reward for undertaking the sufferings of inventing something new then there will be no incentive for individuals and companies to research and develop new things in this world. Thus, protection of inventions through patents will encourage intellectual pursuits and efforts due to economic benefits and social recognition. Patents encourage people to share their new inventions with the world since protection of their inventions will encourage them to make the invention public and gain its advantages. If patents did not exist then no one will invest their time and money in creating something new and innovations will come to a halt. The world will not develop and improvements will come to a dead end. Thus, patents protect the inventions from being copied and this security is necessary to encourage more people to enter the arena and make new inventions. Patents encourage people to improve on inventions that have already patented and if patent rights were not there to protect inventions then no one will try to improve on old inventions. In fact people will not have an incentive to invent at all. Patents are a help to inventors since some inventions are technical and too expensive for small businesses or an individual to produce and manufacture solely so the inventor can sell patent rights to a corporate entity that can afford to produce the invention. This way the person himself can benefit and so will the world benefit from his invention Inventions can be patentable only if they are new, involve an inventive step (not something obvious and that someone else could have come up with it as well) and are capable of industrial application. The following shall not be regarded as inventions and patentable: A discovery, scientific theory, or mathematical theory. A literary, dramatic or musical work or any other creation of purely aesthetic character. A scheme, rule or method for performing a mental act, playing a game or doing business. Way of presenting information or a computer program An animal or plant variety A method of medical treatment or diagnosis Something that is against public policies or is immoral. A patent has to be renewed in every 5 years according to the UK laws and an invention is given protection through patents for only up to 20 years according to UK and USA laws. It is illogical and impractical to give protection to inventions for more than 20 years because then the person will not have the incentive of inventing something better or something new. After 20 years the invention becomes public property and anyone can use it, produce it or manufacture it. But it is good to give patents for 20 years to protect the rights and encourage creative people to come with some thing new before the patent ends and this way improvement, developments and creations will never come to a halt. Since Rice has been using the similar wheelchair around the world and not in UK it means he has not had himself registered in UK patents office and since patents are territorial rights and a person must apply in the respective country’s patent office to protect the copy or re make of his/her invention. So Julian can get his invention registered in UK and not any other office where Rice has had his similar invention registered. Thus, Dave is wrong in saying that Julian can not get his invention registered in UK. Julian can get his invention registered in UK. Patents are not always the right way of protecting one’s inventions because they are expensive to renew and maintain. It entirely depends on the costs involved in the production and manufacture of the invention. In Julian’s case the inventions is too expensive for a home mechanic to manufacture or produce so he is wise enough to approach his employer. Inventions can be protected through various other forms like registered designs, trademarks, unregistered design and copyright and private agreements. Getting one’s invention patented does not mean the invention will be a success commercially but it does give one a right to market, lease, license the invention in order to earn fees and royalties. But these benefits can be reaped only if the invention is a commercial success. Thus, according to the law Julian get his invention patented in the UK but he will have to let Snap-Off be entitled to the patent because his employer can have rights to his patented invention and also to maintain his current job. Dave is wrong in saying that Julian can not get his invention patented because patents are territorial rights and an invention patented in UK can not be protected in any other country in the world. It is important for patents to be territorial because two people can come up with a similar idea and both deserve to protect their invention and reap its benefits. In this case Julian and Rice invented a similar wheelchair but that does not mean Julian can not reap its benefits in his country. Julian’s invention is patentable in UK since it is new, an inventive step and it has an industrial application. Bibliography What are Patents? Available from < http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent> [Accessed January 1, 2008] Types of Patents. Available from < http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent> [Accessed January 1, 2008] UK Intellectual Property Rights Office- basic facts about patents. Employers have rights to employee’s inventions and can be entitled to their patent rights. Available from < http://www.ipo.gov.uk/p-basicfacts.pdf> pg 6. [Accessed January 1, 2008] Importance of patents. Available from < http://en.wikipedia.org/wiki/Patent#Ownership> [Accessed January 1, 2008] UK Intellectual Property Rights Office- basic facts about patents.Patentable inventions and those that are not considered to be inventions. Available from < http://www.ipo.gov.uk/p-basicfacts.pdf> pg8 [Accessed January 1, 2008] Patentable inventions and those that are not considered to be inventions. Available from < http://www.ipo.gov.uk/whatis/whatis-patent.htm> [Accessed January 1, 2008] Renewal and limitation to a patent. Available from < http://www.ipo.gov.uk/whatis/whatis-patent.htm> [Accessed January 1, 2008] UK Intellectual Property Rights Office- basic facts about patents Patents are territorial rights. Available from < http://www.ipo.gov.uk/p-basicfacts.pdf> pg 6. [Accessed January 1, 2008] UK Intellectual Property Rights Office- basic facts about patents Patents are not always the best way to protect inventions. Available from < http://www.ipo.gov.uk/p-basicfacts.pdf> pg 7. [Accessed January 1, 2008] UK Intellectual Property Rights Office- basic facts about patents Other forms of protecting inventions. Available from < http://www.ipo.gov.uk/p-basicfacts.pdf> pg 7. [Accessed January 1, 2008] Read More