L9 Flashcards
Patent
A negative right
If you have patent you are not obliged to do anything
Have right to exclude others from using knowledge
Do not need to give license contract but can do that
requirements for patent
must be novel
inventive steps (not something obvious to everybody)
industrial application (use)
+hand in application, written description
Excluded from patents
· Discoveries, scientific theories and mathematical methods
· Aesthetic creations
· Schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers
Presentations of information
logic of patents
Without patents there will be less investment in R&D
But competition is also necessary in order to have good products and low price for customers so therefore monopoly creates loss of customer gain
Time window to make money on discovery but also need to share knowledge so others can learn and develop
secrecy instead of patent
Because patent will reveal all info then companies prefer to keep knowledge a secret
If someone else applies for patent company can prove that they already used the same thing and then they do not need to pay the company who gets the patent
Therefore when invention happens it need to be written down and looked at by a layer so that it can be used later as a proof. In addition to this, need to prove that it was also applied
If something is published then you limit others from applying for patents