2012/6/10 Andi - leo5354 <leo5354@se-ven.net>:
> Lantas dimana letak benefit buat konsumen dn dispute soal paten dan segala
> macam ?
http://en.wikipedia.org/wiki/Patent#Effects
There are four primary incentives embodied in the patent system: to
invent in the first place; to disclose the invention once made; to
invest the sums necessary to experiment, produce and market the
invention; and to design around and improve upon earlier patents.
1. Patents provide incentives for economically efficient research and
development (R&D). A study conducted annually by the IPTS shows that
the 2,000 largest global companies invested more than 430 billion
euros in 2008 in their R&D departments. If the investments can be
considered as inputs of R&D, real products and patents are the
outputs. Based on these groups, a project named Corporate Invention
Board, had measured and analyzed the patent portfolios to produce an
original picture of their technological profiles. Supporters of
patents argue that without patent protection, R&D spending would be
significantly less or eliminated altogether, limiting the possibility
of technological advances or breakthroughs. Corporations would be much
more conservative about the R&D investments they made, as third
parties would be free to exploit any developments. This second
justification is closely related to the basic ideas underlying
traditional property rights.
2. In accordance with the original definition of the term "patent,"
patents facilitate and encourage disclosure of innovations into the
public domain for the common good. If inventors did not have the legal
protection of patents, in many cases, they would prefer or tend to
keep their inventions secret. Awarding patents generally makes the
details of new technology publicly available, for exploitation by
anyone after the patent expires, or for further improvement by other
inventors. Furthermore, when a patent's term has expired, the public
record ensures that the patentee's idea is not lost to humanity.
3. In many industries (especially those with high fixed costs and
either low marginal costs or low reverse engineering costs — computer
processors, and pharmaceuticals for example), once an invention
exists, the cost of commercialization (testing, tooling up a factory,
developing a market, etc.) is far more than the initial conception
cost. (For example, the internal "rule of thumb" at several computer
companies in the 1980s was that post-R&D costs were 7-to-1). Unless
there is some way to prevent copies from competing at the marginal
cost of production, companies will not make that productization
investment.
One effect of modern patent usage is that a small-time inventor can
use the exclusive right status to become a licensor. This allows the
inventor to accumulate capital from licensing the invention and may
allow innovation to occur because he or she may choose not to manage a
manufacturing buildup for the invention. Thus the inventor's time and
energy can be spent on pure innovation, allowing others to concentrate
on manufacturability.
Another effect of modern patent usage is to cause competitors to
design around (or to "invent around" according to R S Praveen Raj)
each other's patents. This may promote healthy competition among
manufacturers, resulting in gradual improvements of the technology
base. This may help augment national economies and confer better
living standards to the citizens. The 1970 Indian Patent Act allowed
the Indian pharmaceutical industry to develop local technological
capabilities in this industry. This act transformed India from a bulk
importer of pharmaceutical drugs to a leading exporter. The rapid
evolution of Indian pharmaceutical industry since the mid-1970s
highlights the fact that the design of the patent act was instrumental
in building local capabilities even in a poor country like India.
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