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Debate the view that patents are a monopoly privilege that ought to be abolished.
1. What is a patent?
. What kinds of things do patents cover?
. Debate the views of patents.
Custom Essays on Patents
1. What is a patent?
A Patent is a statutory grant which confers on an inventor or his legal successor the right to exclude others from using the invention. Patents have a limited duration, usually a period of at least 0 years. The granting of a patent is conditioned on novelty, a minimal degree of inventive ingenuity, and the industrial applicability of an invention. The patent as a legal right is not to be confused with a printed patent specification or with a particular invention.
To be patentable the invention must meet four special conditions
¡¤ The invention has to be new
The invention must be the first time to be published in any way, anywhere in the world, before the date on which an application for a patent is filed.
¡¤ The invention has to be involved an inventive step (i.e. it is not a discovery)
An invention involves an inventive step if, when compared with what is already known, it would not be obvious to someone with a good knowledge and experience of the subject.
¡¤ The invention has to be capable of industrial application
An invention must be qualified of being used in some kind of industry. This means that the invention must take the practical form of an apparatus or device, a product such as some new material or substance or an industrial process or method of operation..
¡¤ The invention must not be ¡°excluded¡±
, What kinds of things do patents cover?
Patents are usually intend to cover products or processes that possess or contain new functional or technical aspects; patents are therefore concerned with , how things work, what they do, how they do it, what they are made of or how they are made. The vast majority of patents are for incremental improvements in known technology; it has been said that innovation is very evolution rather than revolution.
, Debate the views of patents.
¡¤ Advantages
A patent gives the inventor the right to stop others from using the invention. However, the inventor can choose to let others use it under agreement. A patent also gives the right to protect the invention by taking legal action against others who are intending to infringe the invention and to claim damages. A patent empowers the owner of an invention to take legal action against others to prevent the unlicensed manufacture, use, importation or sale of the patented invention. This right can be used to give the proprietor breathing space to develop a business based on the invention, or another person or company may be allowed to exploit the invention and pay royalties under a licensing agreement. Even thought, the invention will eventually be able to use freely once the patent ceases. The society gain advance knowledge of technological developments and improvement on the product. A patent can be look upon as a bargain between the State and the inventor.
The State offers a short-term monopoly in return for a full description of the invention. The exchange of a monopoly for a full description underpins the patent system and leads to published patent documents being the most comprehensive source of technical information in the world, for practically every area of technology. Furthermore, if an invention is protected by patent, the inventor or the successor will release the invention to the public, so that others can make improvements on it, rather than being held as a trade secret.
This monopoly can prove lucrative; some tranquillisers protected by patents are sold at a price hundreds times their manufacturing cost. The producer can thus recoup the often considerable development costs. A company that regularly files patents also proves its innovative potential to its clients and shareholders. Financial analysts are aware of this and more and more often take into account data relative to patents before deciding to invest in a company. Applying for a patent will also ensure protection against the claims made by competitors. A well-furnished patent portfolio constitutes in this respect an effective means of dissuasion.
¡¤ Patent system
The patent system is frequently characterised as an entirely self-evident proposition. Yet it must not be forgotten that the concept of patents arose within Western culture, and that other cultures have different ideas about rights and ownership. In additional Chinese cult, for example, imitation was the highest compliment an artist could receive. In ancient Java (Indonesia), exclusive rights, such as those guaranteed under patent law ¨C were not permitted, as Javanse culture placed a higher value on the community than the individual. And in a law of 1810, the Austrian government reserved the legal right to decide in certain cases whether ¡°the natural right to copy¡± (Gerster 180, 1) should be restricted, At the turn of the millennium, the widespread and heated debate on patenting life forms demonstrates anew how strongly patents and social values are interlinked. ( ref ¡° Essential Economics¡± 15 rd edition)
A patent constitutes a form of monopoly. By excluding third parties from commercial exploitation of a patented invention, the patent establishes legal barriers to production and importation; consequently, it is incompatible with freedom of trade and commerce, the concept of the patent grossly contradicts contemporary ideas about competition and the market economy.
¡¤ Negative thinking of the patent
A patent does not give the patent holder the right to make, use or sell a product covered by the patent. Rather, a patent is the right to prevent others from making, using or selling the same. In a way, patent could be some kinds of incentive to the inventions, but, We can not sure whether patents actually do stimulate the production of more or better products than the marketplace would produce in the absence of patents. This is just an assumption governments have accepted. We cannot run a controlled experiment in some alternate universe. Furthermore, the amount and quality of innovation might actually increase if companies knew they would not have a period of monopoly rights over a new product. Companies would develop products in strict secrecy, then get ready to blanket the market with them to reap full advantage of their head start before imitator emerged. They would have to be sure that they found the least expensive way to get product to market before the competition had a chance to snatch away those opportunities. One thing we can predict for sure is that any attempt to retreat from the patent system would be claw by those who have a vested interest in the system- existing patent-holders. This always happens whenever you try to abolish any offensive state granted privilege. It is an excellent reason for not allowing governments to enact such privilege granting laws in the first place. However, sometimes the law may be doing more harm than good.
The simplest solution would be to strip the exclusive right form the patent holder. Despite having the potential to be a defence in every plausible circumstance, this solution is simple, because if the patent holder loses its exclusive right, no damages need to be determined and lawsuit could be dismissed early in litigation. Before this solution can be examined, a few guiding superior right to actually practice the patented invention, and the patent is subject to a legislature¡¯s valid police power. Second, equitable principles currently restrict a patent holder¡¯s ability to enforce is exclusive tight. These principles primarily include misuse and general unenforceability under the rubric of an implied license. Third, parties with holding an ¡°essential facility¡± form others who require the use therefore incur antitrust liability. Finally, this is a discussion on the merits of requiring the patent holder to relinquish its right to exclude.
On the other hand, are monopolies more conducive to growth than perfect competition? We cannot develop the argument here, but the mere existence of the patent acts suggests that there is some truth in it. On the other hand, there have been instances where monopolies have bought up patents in order that they would not be developed in competition with them
¡¤ Conclusion
Therefore, do patents ought to be abolished? The answer to the argument is that we cannot know for sure whether patents give people equal rights to protect their inventions without being monopoly privilege.
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