Monday, July 13, 2009

Intellectual Property Rights Management

Inventors Inventors would be paupers it weren't for lawyers. In other words, if it weren't for lawyers, inventors would not be able to gain anything more than fame for their efforts. Lawyers who understand technology; or technologists that understand law are essential for innovation. There is no other way to file a patent. Intellectual Property Rights (IPR) are essential to reward innovative thinking, which in turn contributes to mankind tremendously. If an inventor couldn't protect his idea from being ruthlessly ripped off, then he's got little reason for creativity. The big-picture impact is that the human. race suffers.


What is it?

IPR is a term that covers patents, trademarks and copyright. Of these, the most relevant to you as a technology enthusiast is the patent. To file a patent there are sub-processes such as prior art searches, patent drafting, patent landscaping. At first glance it may seem like a lawyer's job. On closer examination it becomes clearer that only a qualified technologist can excel in this field.

This field basically ensures that the inventor of the technology gets what he deserves. This means that the invented product or process would have to be unique. It was easy to recognize an innovation a 100 years ago. For instance, a 100 years and three months ago (March 2, 1909), the first US hybrid patent was granted to German-born inventor Henri Pieper. It was awarded for something called the "Mixed Drive for Autovehicles," In his application, submitted in 1905, he wrote that:

"The invention... comprises an internal combustion or similar engine, a dynamo motor direct connected therewith, and a storage battery or accumulator in circuit with the dynamo motor, these elements being cooperatively related so that the dynamo motor may be run as a motor by the electrical energy stored in the accumulator to start the engine or to furnish a portion of the power delivered by the set, or may be run as a generator by the engine, when the power of the latter is in excess of that demanded of the set, and caused to store energy in the accumulator."

Back then, Pieper covered the entire concept of a Hybrid car under the banner of "Mixed Drive for Autovehicles". The idea was revolutionary. Today, the Toyota Prius is the world's best-selling hybrid car and comprises of nearly 50 percent of all sales in the hybrid segment. The car has over 2,000 patents that cover the minutest of incremental innovations. Most of these 2,000 patents are tiny evolutions over existing technologies.

In other words, leaps forward are constantly getting smaller. It is getting increasingly difficult to firstly, spot these evolutions, secondly check if anyone else has thought of the idea already, and thirdly articulate why your evolution is unique. This is essentially the job of the IPR Specialist.

The Tata's Nano is a great example of how innovation originating from an Indian company requires patent protection. An example of the ingenuity of the car is that the car has a two-cylinder rear-mounted petrol engine connected to a single balancer shaft. Also, even though the Nano's shell is smaller than the Maruti 800's, it actually has 20% more seating space. The modular design of the car also allows it to be transported as components, thereby significantly cutting down on distribution cost. If all these innovations are patented right, then all these will collectively give Tata a head start in the small car segment, that any aspiring competitor would have to struggle with.