Graphics Reference
In-Depth Information
Micropatents
As 3D printing technology develops, Open Hardware licenses may be a good
alternative to intellectual property law and digital rights management. Another
possibility could be to adapt our current system of intellectual property law to
make it friendlier to small businesses and solo inventors. Consider that in low-
income countries, micro loans give low-income individuals the opportunity
to found a small business. In the development of new products, micropatents
could level the patent playing ield between large and small businesses.
Similar to a regular utility or design patent, a micro patent would be for-
mally issued by a government patent ofice. However, a micropatent would
be a smaller “unit” of intellectual property than a full patent, hence cheaper
and faster to get. Maybe the patent ofice could impose a mandatory limit on
patent scope to qualify as a micropatent.
Here's how micropatents would work. For a few hundred dollars an inven-
tor would submit a document describing their invention to a centralized
government micropatent repository. The submitted document would be time-
stamped and immediately publically released. A micropatent's lifespan would
be shorter—maybe 5, not 20, years. Like a trademark, a micropatent would
protect only objects sold commercially to prevent trolling. Like a patent, a
micropatent would cover a utilitarian application. Like a copyright, it would
be easy and straightforward to obtain.
Some argue that a glut of micropatents would lead to patent gridlock and
fragmentation of the intellectual property space. Their 5-year timespan would
make this unlikely. In fact, a micropatent's narrow ield of use would make
it easier for other inventors to work on parallel inventions. The requirement
that a micropatent must be used commercially to remain valid would make
it dificult for companies to use a war chest of micropatents to block their
competitors.
In fact, micropatents would improve the ratio between legal processes and
practical application. After all, much effort is put into evaluating and obtain-
ing patents, yet most issued utility patents are rarely commercially used. In
addition, only an estimated 0.1 percent of patents are ever litigated to trial,
and in those cases, half are invalidated.
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In contrast, if patents were narrow in scope and quick and cheap to obtain,
such an approach would de-emphasize the patent prosecution process and
instead, would emphasize the practical commercial value of intellectual
