Whose invention is it anyway? "...very well-written and
informative but how does Intellectual Property stuff fits in an Inspirational Magazine?" my friend
looked bewildered as she presented her query. "What do you think?" I asked as she did not buy
that I bribe the chief-editor to include them. :D
"People generally aren't
aware of such things and
after knowing, they may get inspired to think more on these lines?"
her eyes widened as they exhibited interrogative expressions.
"Exactly" I confirmed, "Inspiration through Information is the objective
of this eMag and through these articles, I intend to inspire more people
to be inventors..."
In case that was a question in your head too; well, now you know the
answer. By the way, "Dialogue That Speaks", an article by Jody Label
in the Aug edition is what inspired me to explore a different writing
style and share this dialogue here.
Now, let's get back to our topic, Why would an inventor cede the
ownership of the invention to someone or an organization? After all, it
was his inventions and creative imagination which made Thomas Alva
Edison one of the richest inventors ever. The records say that he
was worth over 20 billion dollars. Probably, inventors aren't that smart
these days in financial terms. Probably!
As I understand, there are multiple points in the answer to aforementioned
question:
- Patenting is highly expensive: I learnt from a Patent attorney
at Citrix that now-a-days at USPTO, process for one patent
incurs a cost of about $50,000. I sure don't know of many
people who would be able to shell out that much amount, do
you?
- Patenting is a long process: It takes couple of months just to
prepare the application in required format and years, 6 to 8 at
an average for a patent to be granted. So, if it is granted and
starts fetching you royalty, it will still be a long time before
your investment starts paying off.
- Not all patents end up paying off royalty. It may happen that
you spend on getting something patented that turns out to be
too ahead of time or probably no one finds it 'cool'. For example,
Head-gear in the form of a beer barrel (US5966743).
- In case there is a case of someone using your patent without
your permission, you will first need to find out about it and then
go to court and fight for it. Individually, one may not have as
many resources to check the unpermitted usage and take corresponding
action.
- If you are working in a company and carefully read the documents
you signed at the time of joining, you'll know that your
inventions during your tenure shall be deemed as the Intellectual
Property of the company.
Companies usually do offer handsome rewards when you submit your
patent and it gets approved as more patents gives them better reputation
in market and protection from competitors. The inventor gets patent
in his name and some immediate reward but of course, that may be
nothing compared to what royalty you might have received in future if it
would turn out to be a big hit. Sounds discouraging? Yes it is but you've
got to do the best you can with what you have. Here are the two choices:
- You keep the invention to yourself until you are able to take
it forward individually. By the way, someone else may also
get the same idea and get it patented while you wait.
- You take name and immediate rewards, give ownership to
the company who shall verify if the idea is worth spending
the mentioned sum, get attorneys to take it forward, submit
and follow up with the patent office. The idea shall be patented
in your name but becomes the property of the company.
They shall deal with patent infringement and all but also
rake the benefits.
I have chosen to go with second option till I am capable enough to
get ideas patented on my own as one thing I am sure of myself is that
I am not going to run out of ideas :)
I hope you are finding this series impacting you positively. Let us
know your feedback/comments below.
Keep smiling :)
Any facts, figures or references stated here are made by the author & don't reflect the endorsement of iU at all times unless otherwise drafted by official staff at iU. A part [small/large] could be AI generated content at times and it's inevitable today. If you have a feedback particularly with regards to that, feel free to let us know. This article was first published here on September 2012.