A
patent aims to protect the inventor of a new product or manufacturing
process. It allows a business to
design, produce and sell a new invention and prevents competitors from
copying it. New inventions
can be protected for up to 15 years.
Obtaining
a patent can be a lengthy process. To
qualify for a patent the invention must be brand new, i.e., you can’t
patent an idea that is already being sold.
Checks are then made to ensure the invention is authentic.
The patent is published 18 months after its application and then
signed and sealed sometime after this.
The
developer must make annual payments to the Patent Office which become more
expensive after the first four years.
This
is done to encourage production of the new idea.
The
benefits to business of patents are:
- A higher level of
sales.
- Reduced competition.
- Legal protection
that encourages research and development.
- Higher profits that
can be ploughed back into research and development.
- The industry
benefits from technical information as a result of the patent.
- High risk research
and development is encouraged.
The
consumers also benefit from patents:
- New products will
lead to better to choice and a higher standard of living.
- New and more
efficient production techniques mean lower costs and therefore lower
prices.
The
major criticism of the patent system is that it leads to a legal monopoly
(where there is only one firm in the industry).
If this monopoly power is abused then consumers maybe exploited via
higher prices.
The
table below illustrates some ideas that have been patented in the past.
Patented
idea
|
Patented
when
|
Financial
benefit
|
Catseye
|
March
1935
|
£2,340,776
|
Polaroid
camera
|
June
1946
|
£401,000,000
|
Ring
pull
|
June
1965
|
£49,000,000
|
It
is up to the patent holder to enforce the patent if he or she believes it is
being infringed. This can be an
expensive legal process that can be hard for small businesses to fund.
Further
Reading
Anthrax fears prompt patent law review (bbc
18.10.01)
Patent row brews ahead of WTO summit (bbc
25.10.01)
Links
US Patent and Trademark Office
|