The patent system is intended to protect and encourage the invention of creative knowledge and technology, but in some cases it can stifle innovation by creating complacency or monopolization of existing technologies. However, they are essential for engineering students, and it is important to recognize and protect the importance of patents as you develop your skills.
The importance and history of patents
Why were patents created? We live in a knowledge-based society, knowledge capitalism, and other terms are not new. While tangible assets such as land and resources played an important role as factors of production in the industrial era, intangible assets such as knowledge and ideas have become increasingly valuable competitive factors. As a major source of economic growth and corporate profits is based on creative and new knowledge, the need for property rights arose, and patents were created. In other words, patents are essentially legal protection for new knowledge and technology of individuals or organizations, while encouraging invention and innovation of creative knowledge and technology beyond that.
The history of the patent system dates back to medieval Europe, where inventors received letters of patent from monarchs to protect their creative ideas. These patents guaranteed inventors the exclusive use of their inventions for a certain period of time. In the early 15th century, the Venetian Republic introduced the first organized patent law, which later spread to other European countries. In the 17th century, modern patent laws were enacted in England, and in the 19th century, patent laws were introduced in the United States, laying the foundation for the modern patent system.
The role of the patent system and its advantages and disadvantages
In the lecture, the speaker said that patent rights are invisible, intangible property that can be disputed in many ways, and in fact, there are many people who try to take advantage of them by making small changes. This made me wonder if patents really encourage us to be creative and invent better knowledge and technology, as they can lead to complacency by giving legal protection to what has already been created. It can also lead to disputes that divert energy away from developing new technologies. It can certainly hinder and even stunt the progress of knowledge and technology. It can also lead to monopolization of entire technologies by organizations or companies that hold a large number of patents, causing those who are active in technology development to become less active because of the threat of patent infringement. The idea is that patents can have the opposite effect of their original intent: they can stifle academic freedom, scientific research, and technological innovation. Seth Schulman’s “Owning the Future,” published in 1999, echoed these arguments. Schulman argued that
“Patenting intellectual property in late industrial societies turns scientific and medical discoveries into monopolies to the detriment of society and stifles innovation. If society does not limit these intellectual property rights, it will face a proliferation of behavior that is nothing more than auctioning off its technological and cultural heritage and is doomed to descend into an uncontrollable dark age.”
However, when we reflect on what patents are meant to do, we see that they are working for the right reasons, encouraging the invention of creative knowledge and technology and contributing to the advancement of science and technology. The modern industrialized world was fundamentally enabled by the system of protecting inventions. When intangible intellectual property, which is the result of time and money invested, was legally protected through patents, people became more competitive in their inventions, and this social atmosphere led to the modern industrial society. If people cannot protect their technology as the result of time and money invested, they will try to keep new technologies secret and not disclose them to the public. In addition, no one would be willing to invent if the cost, time, and effort invested in the invention were not rewarded because the technology was not protected and could be used by others without permission.
The relationship between imitation and innovation
The negative aspect of patenting a technology by making small changes to an existing patented technology can be reversed and thought of as contributing to the advancement of technology. The phrase “imitation is the mother of creation” is not without merit, and imitation is one of the most important factors in the world of invention. In addition, I realized that the part that provides the inventor with monopoly rights is also positive. The inventor can have a competitive advantage in the market by legally prohibiting others from infringing. The profits from this competitive advantage can serve as a means of recouping significant research and development investments, stimulating reinvestment and enabling the invention of advanced technologies. It also guarantees the inventor a certain period of rights to the protected technology while requiring disclosure of its details, which can be quickly made available to related industries, stimulate and promote research activities, and provide a foothold for technology development. In other words, patents allow others to freely use them, enabling the birth of new and creative inventions, which in turn can further advance our science and technology.
The relationship between engineering and patents
As you can see, patenting is a field that requires technical skills. It is a field that should be of great interest to engineering students who study and research technology. Nevertheless, for many engineering students, patents are perceived as a very difficult field to approach. I think the inherent legal rigidity of patents is a very high barrier to access for engineering students. However, since new patents cannot be created without the contributions of engineers who study and research technology, engineering students should be more familiar with patents than any other group of people. It would be like building a house and not registering it because the technology you have worked so hard to develop is not protected by law. Therefore, engineers who develop technology must protect it with patents. Engineering students need to understand the basic principles of patents and have basic knowledge of patents to protect their technologies. No matter how good a technology is, its true value is realized when it is used, and legal protection of the developed technology is essential for the smooth use of technology. If others use the technology without authorization, the development of such technology is like pouring water on a poisonous plant. While research for research’s sake is important, engineering students need to develop a patent mindset that allows them to always think in terms of technology and patents. As we said earlier, it’s important to protect the technology you develop so that it can be utilized.
Conclusion
The 21st century we are living in is a knowledge economy-based society. As the name suggests, knowledge and technology owned and exercised by individuals and organizations is an invisible source of property. It is inevitable that the importance of patents in providing these rights is growing in line with the needs of the times. Engineering students who learn and develop new technologies, which are the basis of patents, should be more acutely aware of the importance of patents. In addition, they should pay more attention to the importance of the patent system and strive to establish a patent mindset along with technology development. My conclusion to the question of patents is: “Patents are essential for the development of science and technology and for engineering students.”
