I am against the copyright. By the way, I am for celebrity right of an author and I am against plagiarism; however, this attitude includes no contradiction. Although I am a holder of a number of patents and sometimes earn some profits from my activities, I am against the existing system of monopolization of creative achievements. Before a further description of my idea, I'd like to tell you a hypothetic story that partially reflects the today reality.
Let's imagine that a certain functionary is entitled to pass a resolution for issuing permission for building an enterprise involved in vehicle manufacturing in the specified area. It is necessary to provide him a bribe for such permission and to legalize the obtained funds in addition. It is possible to register a domain of the type www.tralialia875987.org and then to sell it legally to an interested person; however, a large amount is involved in this case, so the said way can cause a suspicion. It is possible to sell a typescript of a non-published book for a high price; however, this way will be suspicious as well. So, the author visits an experienced patent agent and the following dialogue takes place:
- I'd like to register my invention.
- And what have you invented?
- In the meantime, nothing; however, it should look persuasively.
(Then the value is being agreed).
- What sphere?
- Vehicle manufacturing.
- Okay, let it be, for example, "A nozzle with a turbulent swirler"?
- Maybe, anything more substantive?
- Do you want to invent a "wheel"?
- Is it possible?
(Then the value is being agreed).
So, we have the title - "A Wheel", now let's define the essence, or, in other words, climes of the invention. Then we choose a certain known prototype, insert the usual phrase "characterized in that ..." and involve our fantasy. An expert of a patent institution shall carry out a formal examination, a correctness of formulation of the description, will control whether the offered invention is in conflict with known physical laws or not; however, he (she) never will explore its practical feasibility and importance. Bearing this circumstance in mind, we continue: "placed on bearings with the ratio of the numbers of their rolls 13:17". Because the description of an invention should disclose its essence, we continue as follows: "On rotation of the wheel placed on bearings with the same or divisible number of rolls, upon certain conditions, resonant vibrations appear and they cause reducing the service life of the bearing. The said problem is settled in the following way...." Then on a couple of pages of the text, we provide some development of the theory, add figures - and the work is completed.
After a short while, complimentary articles about the genius of the functionary having improved the cornerstone and the exclusive rights for implementation of the invention having been transferred to the new and very important enterprise appear in mass media.
The above-presented story is applicable to a majority of patented inventions. If you are some educated, you'll feel you to be a man of genius on the background of wastage after reading such creations. I'd like to single out the following groups of inventions:
1. Really important innovations (an absolute rarity)
2. Simple but useful solutions.
3. Creative works of lone persons that seem to be useful to their authors.
4. Commercial nonentities.
Commercial nonentities include:
4.1. The above-described case.
4.2. Huckstered "very useful" household goods those, of course, are "unique" and patented.
4.3. Abundant patents usable by budget-financed organizations for instilling them with apparent importance and justifying the funds spent by them.
4.4. Tries to appropriate exclusive rights for an invention after the expiry of the period of validity of the patent issued for it.
I shall explain the last item in details. In no country, a patent remains in force over 20 years; in addition, a patent is valid in the states specified in the relevant list only. It is possible to add an evident amendment to a known invention. Existence of such an amendment is reflected in the formula only; the title and the description tell about the whole object. The meaningful description is demonstrated to a potential buyer; however, the buyer will understand nothing in the nuances of the complicated clime that consists of a single phrase (for a half of page). It is particularly difficult to perceive the essence of American patents, because the distinguishing feature is not singled out in their claims.
One more negative factor is a wish to stake out a claim for the scope exceeding the own forces. For example, an inventor developed something useful for a limited sphere of application; however, on the formulation of the invention, he (she) strives to cover the whole relevant branch. In any case, the author will lack the own forces to develop everything he (she) pretends for. In addition, such formal and groundless declaration of the first author will be a serious obstacle for other designers. Many useful things were invented; however, they were not realized, because they were patented.
Let's suppose that technology of production of a cheap product was patented. First of all, the company having invested considerable investments in an expensive production is interested in acquisition of the copyright to avoid low prices for the product. Such a company buys the copyright and then declares that a detailed examination of the technology disclosed an absolute absence of an advantageous effect, so a further investigation was terminated. Figuratively speaking, the copyright and other systems of licensing promote the situation when a treatment of a patient is unprofitable and turning of an acute disease into chronic one is preferred.
In addition, this system of absurdity accumulation is inaccessible to a majority of ordinary people. It is inaccessible because patent licensing rarely is included in study programs of higher schools; because the price of submitting an application through a mediation of a patent agent exceeds the average salary; because the amounts required for patent protection in several countries are tens and even hundreds times higher; because experienced advisors and talent organizers in this sphere are very few. A large corporation is able to spend huge amounts for a patent protection of a commercially profitable thing of low scientific importance worldwidely for a long time. An individual scientist having created a really important invention is able to register only very limited rights. First of all, an application for a regional patent is submitted; then, within one year, an application for an international patent is submitted; however, bearing of an international patent (codes WO, EP, EA) is an intermediate phase only, it is followed by the national phases in the relevant countries. In each country, you'll pay for the procedure of registration and for each year of validity of the patent. In addition, there are abundant non-obligatory procedures that are offered by patent agents for forcing inexperienced applicants to make extra pays. When the term of international publication approached, the applicant often receives several invoices amounted to thousands Euros for the publication; however, in spite of their official form, such invoices are not related to the real procedure of patenting: they are sent by swindlers.
In respect of artworks, the situation is quite opposite: the copyright remains valid within the life of the author and for 50 (in some countries - 70) years after his (her) death. For example, if a private person in America provides a copy of record of a song performed in France 90 years ago to anybody without a prior approval of the inheritors of the deceased performer or other copyright holders, such action is considered unlawful. Probably, provisions of the law should achieve the level of absurdity for its annulment as de facto non-applicable and stupid. In the period of development of audio recording, some musicians protested against recorded music striving to avoid reduction of profits from their concert activities. The said law should be called the one for protection of interests of producers, not authors. Notoriety and recognition are the goal for the author and the means for the producer. Everybody knows men of art who earn much money; however, there are few of them. A majority of men of art can earn much money from other activities only.
It is difficult to make a person to work; however, making a creator to refuse the creative activities is much more difficult task. I hereby state that the origin of any genial work is a wish for creation, not orders, financing, title and rank. As an example, we'd remember those who made discoveries and turned their knowledge into the common heritage of mankind; those who were provided no titles in course of development of their famous works; those who often acted against their managers, the church and the authorities; a majority of eminent persons could be included in such a list.
A part of my inventions were employment-related, the other part is registered in my name. Why I do so? First, I know that some buyers like the phrase "patented technology". Second, for avoiding misappropriation of the authorship by another company. Third, for preservation my experience in the large database. Any patented technology is open information accessible worldwidely via internet. Such information is classified; it can be easily found and used by any person (taking into account the formal restrictions). However, many important technologies usable for military applications can not be published there, and it is not good as well.
If you wish to protect your invention by a patent and to gain profit, a wise algorithm of your actions should be follow:
1. Examine carefully patented results of other authors, because most frequently you'll get to know that it has been invented already. The databases are accessible in internet, for example, www.espacenet.com
2. Study the rules on filling an application for patent for your country; they are available in internet or the technical library.
3. If you have not much money, submit you application individually; the service of a patent agent are not obligatory
4. If you are not sure that a patent will be issued, pay for the speeded procedure of processing. Usually, a patent is issued after one year.
5. You have not a patent yet, but the priority of the invention is formally fixed. Within one year you should find a buyer for your technology in order to have a payer for further procedures bound with international registration.
First of all, you'll be issued a regional patent. To provide an importance to your regional patents, you should emigrate to a state will developed economy.
What should you do, if your technology is copied? If any registration of the copyright took place, you can present a claim using the maximum possible number of legal terms, providing abundant references to articles of law and demonstrating your resolution to fight to the finish. Such actions are based on a presumption that the defendant perceives the situation poorly, so will get a scare and agree to negotiate. Real legal investigation may require considerable input of time and money, in particular when the defendant is from another state. If the result of the process is not evident, but the misappropriation is evident, actions for destruction the reputation of the defendant may be more efficient.
What should you do, when anybody is going to restrict your activities on the base of the author's right of another person? You can terminate your activities. Or you can ignore groundless claims. Or you can change your technology to the extent that allows outstepping the claims of the other invention. Or you can arrange contesting of the other patent that restricts your activities. A majority of innovations existed in any form before their patenting. You should look for previously known analogues and then contest the patent because of "absence of novelty". In addition, you can find other frequent violations of the requirements set for patents, such as "impossibility of implementing the technology on the base of the materials provided in the patent". Such a violation can be deliberative in order to be provided a protection by a patent, combined with impossibility to repeat the same result. If a subject of the patent is an industrial sample, the problem of similarity is very subjective.
One more sphere of application of patents is tax optimization. For example, in our country, the authorities increased taxes over the tolerable level; in other countries, bureaucrats are not so avid. If you are involved in manufacturing certain production and cannot transfer the whole manufacturing to another place, you can start manufacturing licensed production. Patent an invention related to the manufacturing in a country with low taxes. Then conclude a license agreement between the manufacturer and the copyright holder. On the base of such an agreement, the profits of the company can be transferred to other state.