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Intellectual Property and Culture

Of Utility, Ornament, and Mutants

02.01.07 | Comment?

Essentials introduces the three sorts of patents, which can be described as follows:

 

Utility Patent-  Issued for the invention of a new and
          useful process, machine, manufacture, or composition of
          matter, or a new and useful improvement thereof, it
          generally permits its owner to exclude others from
          making, using, or selling the invention for a period of
          up to twenty years from the date of patent application
          filing, subject to the payment of maintenance fees.
          Approximately 90% of the patent documents issued by the
          Patent Office in recent years have been utility patents, also
          referred to as "patents for invention."
       
        -Utility  patents are what I typically thought of when considering intellectual property, a conception I think most people share. Also, the sort of silly idea of inventors in basements cooking up and attempting to paten modified toasters actually appears to be a reality directly addressed by the authors.
       

    *     Design Patent-  Issued for a new, original, and
          ornamental design for an article of manufacture, it
          permits its owner to exclude others from making, using,
          or selling the design for a period of fourteen years
          from the date of patent grant.

        -User interface patents, I think, fall under this category. There is an upcoming section devoted to software stuff that I look forward to getting to, as such issues are principle among my interests.

    *     Plant Patent-  Issued for a new and distinct, invented
          or discovered asexually reproduced plant including
          cultivated sports, mutants, hybrids, and newly found
          seedlings, other than a "tuber propagated plant" (apparently meaning a a
          plant found in an uncultivated state), it permits its
          owner to exclude others from making, using, or selling
          the plant for a period of up to twenty years from the
          date of patent application filing.      

        -The concept of owning life forms represented in this disturbs me quite a bit. Proprietary life certain outdoes my distaste for proprietary information, and the ethical issues within have me currently overwhelmed. I'm going to read more on this and respond lengthily when I feel able.

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