IP's Next Big Wave - Taste & Smell Patents
Magnavox writes "Futurist Thomas Frey has written an article about Monday's Nobel Prize in medicine opening the door for taste & smell patents. Dr. Richard Axel and Dr. Linda B. Buck won the prize for scientifically describing how odor-sensing proteins in the nose translate specific tastes and smells into information in the brain. Patenting smells in the past was limited to describing the chemical composition of the substance. Receptor patterning opens the door for a variety of new patenting possibilities... Perhaps more important will be the decision as to whether smells can be trademarked as symbols of the products or services they represent. Sounds and colors are commonly trademarked today because of the commercial impression they leave on consumers. Smells cannot be far behind. Now I'm wondering if we can patent the smell of money."
The patenting of smells doesn't worry me so much since patents expire quickly (14 years IIRC). Trademarks on the other hand are perpetual and pose another intellectual property land mine. I'm sure we are all familiar with the International Olympic Committee being totally evil in "protecting" their trademarks. It would be most unfortunate to have Starbucks swing a huge legal hammer at small coffee vendors whose coffee smells similar.
How can you patent "put it on my tab" (one click shopping) or the division of labor (anything "client server")?
How can you patent parts of the human genome?
Simple, someone with money makse a "persuasive green folding argument" that they should be allowed to...
Innocent people shouldn't be forced to pay for inferior software development.
--"Code Complete" Microsoft Press
if someone were to do a molecular analysis of chanel 5 and determine exactly what makes it smell the way it does they could easily release a new product indistinguishable from chanel 5, and sell it for $5/bottle
That's where branding becomes so important. Good companies work hard to build and protect their brands because customers will associate the brand with the product.
You could sell your knock-off product, but there will still be plenty of people who will pay more for the *real* Chanel. They *know* they are getting a good product that way.
For some reason, something in the human psyche reacts to branding. It's probably the basis for things like patriotism, racism, jingoism and esprit de corps.
Instead of trying to create yet another kind of BS "intellectual property" in the form of taste & smell patents, we should be reevaluating our fucked up socio-economics. Everybody wants to feel useful and justify their existence I guess... whether you're a bogus patent peddler, a dead-weight manager, a yoga instructor, or a herbal supplement phony.
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Power to the Peaceful