Do You have an Idea?
A product, service, or process that solves a common, if not universal problem. You study the issue, design your concept, conduct market studies solicit user input, and develop a supply-chain process. At this point, many people turn to patent lawyers to protect their concepts. However, patent pursuit can cost you significant money, loss of first-to-market opportunity, and ultimately fail against the tidal wave of creative destruction. Here are a few thoughts to consider before pursuing the patent process.
Cost of Patenting Your Idea
Standard costs for a patent lawyer’s time, idea formulation, drafted Illustrations, and submission are around $25,000. The process can be cheaper, but with less concept real estate and thus greater competitive vulnerability. A good patent lawyer will press the concept boundaries of your idea to the extent that your patent begins to infringe on the ideas and concepts of others. This results In a rejection of the first submission, requiting re-submission costs. This is part of the reason why the 2017 toy phenomenon, the Fidget Spinner, was not patented.
Taking a Stand for intellectual Property Protection
For most of human history, property crimes were limited to physical objects — food, clothing, money, jewelry, and the like — while intangible items like art, music, literature, and inventions were accorded secondary importance, and received much less legal protection as a result. This norm began to change after World War II, as it became clear that the Western World was gradually evolving from an Industrial Age into what could best be described as an Information Age. Intellectual assets, from patents for Inventions to
pure information, were becoming increasingly hot properties, and this trend has only accelerated in the decades since. Indeed, some modern businesses have little, if any, physical property to protect. Their success depends on proprietary software, copyrighted literature or songs, specific logos or Images, or the ability to store and manage proprietary data. In such instances, the legal protection of these Items becomes of utmost Importance.
However, increased freedom of information, in combination with the development of more efficient (e.g., electronic) methods of disseminating this information, has threatened the ability of Intellectual property owners to retain and profit from their properties It is becoming clear that intellectual property must be protected at least as vigorously as physical properly because ideas can be just as profitable as any tangible item.
Failure on the part of civil society to recognize the rights of intellectual ownership can result in frustration and economic hardship on the part of individuals who produce intellectual properties, engendering a sort of creative apathy, which may ultimately result in cultural stagnation.
Intellectual property is defined as a product derived from Intellectual, creative processes, and may include any of the following: Ideas, Inventions, literary works or characters unique brand names, logos, Images, songs and musical expressions, business methods, specific industrial processes, chemical formula, computer programs. In an age where most people have access to the Internet, where an “anything goes” attitude permeates the online world, defending intellectual properties becomes especially significant.
It’s a simple matter for anyone to steal and pass off as one’s own the creative inventions of others, and intellectual properties like computer flies and software are much easier to copy than physical properties vigilance and immediate retaliation against theft are imperative. The rights of the intellectual property owner must be recognized as more important than that of the casual infringement. If creativity is to survive, the laissez-faire attitudes of most legal systems toward Intellectual property theft must be overcome.
More to the point, the requisite laws and mechanisms of protecting creative rights must become ingrained in the sociological milieu, so that the legal remedies are clear and easily applied. At the moment, the most efficient way to legally protect intellectual property is to copyright, trademark, or patent pending. Each of these forms of protection presupposes that all legal systems will recognize this protection, which is not necessarily the case, even if It is intended to be worldwide. While the property’s owner is provided with a certain level of legal recourse if their property is stolen, it’s not always possible to take advantage of the prescribed remedy, particularly in some parts of America.
Just about any Item can be the target of intellectual property theft, particularly if branded or trademarked: designer clothing and electronics are excellent examples. In these cases, the counterfeiter is trading on the name and good reputation of the popular brand so they can sell their products, behavior that hurts both the pirated company and the consumer.
Sometimes this practice skirts the edge of legality. For example, companies called Panasoanic and Panasonlic have In the past manufactured products similar to those of the electronics giant Panasonic. One could also find many products labeled SQNY, SUNW, and SONW; the My Station video-game console mimicked the Sony PlayStation right down to the box labeling and logo. Presumably, the idea is to fool people who are either in a hurry, are so focused on getting a bargain that they don’t look closely, or who just an’t read English well — a useful marketing tool, where labeling In the English language is faddish.
Literature Is a particularly fertile field for intellectual property theft. J.K. Rowling has been a popular target. In 2002, for example, copies of the last three books in her Hany Potter series were released in China, though Rowling had not yet written them. Despite the beating Rowling’s reputation and sales must have taken, the Chinese government seemed unwilling to Intervene on her behalf. Chinese publishers have since worked their piratical magic on the sixth book in the series, Harry Potter and the Half-Blood Prince, rushing an unofficial translation into production three months before the official version was to appear.
In another case, the first novel of Opal Metah Got Kissed, Got Wild, and Got a Life, was pulled from store shelves after it was found to contain passages plagiarized from two young-adult novels. Plagiarist’, the act of appropriating someone else’s composition, is probably the most common form of intellectual property theft. Though the term most often applies to written works, music is occasionally / plagiarized too, either intentionally or otherwise. Even musical legends have faced accusations of cribbing songsfrom others The melody of George HaMson’s paean to Hare Krishna, “My Sweet Lord,” was copied from the Chiffons’ “He’s So Fine” (possibly subconsciously), and the courts ordered him to Ow up any royalties earned from the song.
Occasionally, efforts to protect musical copyrights have been unwittingly amusing John Fogerty, the former lead singer of Creedence Clearwater Revival, was once taken to court for plagiarizing himself. While a member of CCR, Fogerty had assigned the copyright of his song “Run Through the Jungle” to Fantasy Records, his publisher. They later sued, claiming that his solo effort, ‘The Old Man Down the Road,” was substantially the same asthe earlier song.
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