Patent And Intellectual Property Essays Examples
Type of paper: Essay
Topic: Idea, Business, Commerce, Property, Copyright Law, Invention, Patent, Functionality
Despite the easy understanding that comes with a patent and intellectual property, still, many people fail to distinguish between the two. Intellectual property (IP) refers to the protection of tangible and intangible ideas (Waller 2011). Thus, patent is the “child” of intellectual property. In order to understand this concept, this paper will compare and contrast the concepts that distinguish the two.
As stated above, intellectual property refers to the protection of an idea, anything that it is created by the mind (Waller 2011). Therefore, ideas can be protected depending on the level of impact and the idea itself. In addition, intellectual property protects the symbolic expression of the idea, the power that comes with it and recognizability of the idea. On the other hand, patent is more specific in terms of protection, which focuses solely on the functionality part of the idea (Haunss, Sebastian, and Kenneth 225). Unlike IP, patent does not protect the idea, but it protects the power of the idea. Example is the idea of machinery, which can fully be protected by the IP from its functionality, the idea itself and the power this machinery can bring (Holland 31). On the other hand, patent will only protect the machinery functionality such as the method of making the machinery, its improvement or any ideas that seek to support its functionality, however, patent does not protect the “ideas” of machinery itself (Holland 27).
Arguably, IP is the most complicated form of protection (Haunss, Sebastian, and Kenneth 225), which hinders the spread of a particular idea. Under IP; patent, copyrights and trademark are part of protection, which makes it complicated as such. On the other hand, patent hinder functionality of an idea, thus, makes it easy for another individual to come up with the same idea (Stim 20). But with different functionality, as long as it is on a different line with what it is patented.
Haunss, Sebastian, and Kenneth C. Shadlen. Politics of Intellectual Property: Contestation Over
The Ownership, Use, and Control of Knowledge and Information. Cheltenham, U.K: Edward Elgar Pub, 2009. Print.
Holland, Catherine J. Intellectual Property: Patents, Trademarks, Copyrights, Trade Secrets.
Irvine, CA: Entrepreneur Press, 2007. Print.
Stim, Richard. Intellectual Property: Patents, Trademarks, and Copyrights. Albany, NY:
West/Thomson Learning, 2001. Print.
Waller, Francis J. Writing Chemistry Patents and Intellectual Property: A Practical Guide.
Hoboken, NJ: Wiley, 2011. Print.