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90 Percent of Businesses Say IP Is "Not Important"
langelgjm writes "In 2009, the National Science Foundation teamed up with the Census Bureau to ask U.S. businesses how important intellectual property was to them. Now, after three years of surveys, the results are in. Astonishingly, it turns out that when asked, 90 percent of businesses say intellectual property is 'not important'. While some very large businesses and specific sectors indicate that patents, copyrights, and trademarks are important, overall, the figures are shockingly low. What's more, the survey's results have received hardly any press. It appears that formal intellectual property protection is far less important to the vast majority of U.S. businesses than some federal agencies, such as the patent office, are willing to admit."
a business not on internet will fail. everyone should call and get IP from local ISP
I'd say logically.
When is IP important to you, as a business? If you hold patents and if you're heavily invested in R&D, and copyright is something that you care about strongly if you're creating content, be it music, movies or software. Else, at best, it's uninteresting to you. At worst, it is a headache to you since you always have to watch out whether or not something trivial you do steps on someone' patent toes.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
90% of businesses are in fields that don't have the type of IP you see in new fields like IT.
I'm sure a small, local bakery would care about IP too if he had to pay license fees for every bread he bakes, simply because his oven has a digital timer.
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The problem with this logic is that the survey specifically targets businesses performing R&D. From TFA:
"The target population for BRDIS consists of all for-profit companies that have five or more employees and that perform R&D in the United States.”
"Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
While surprising, the results do make some sense. IP laws are only meaningful to companies that have the means to sue. They would also have to look at the return on investment for launching legal action. A small business on the east coast is unlikely to sue another small business on the west coast simply because there is no return (i.e. no overlap in potential clients).
IP is mostly geared towards the interests of large entities and multinational entities: businesses that have both the means to sue, and where their market is large enough that it is likely to overlap with someone else's market.
I worked for over a decade at a midsized company, founded in the late sixties, whose business was the manufacture of $30,000-$100,000 high-tech products. The development process included internal firmware, quite a lot of interesting and non-obvious mechanical and optical engineering, and driver software.
To say they were casual about intellectual property was putting it mildly. The mindset seemed to be, basically, that they copied good ideas from the competition and expected the competition to copy ideas from them. (I do mean IDEAS though, nothing more). They felt their business success depended on getting needed products to market in a timely way, and that it was all about good execution of ideas, not exclusive possession of ideas.
All of us software people put copyright notices on our code because we just thought it was good practice, but nobody told us to do so or send out memos on how to do it or monitored us to make sure we were doing it right.
I created a mini dust-up once when the head of marketing told me to send the complete source code to one of our software drivers to another company--a 200-age listing--and I said sure, but that I wouldn't do it without written directions from an officer of the company. He was furious that I would even question his directions and insisting that it was inappropriate for me to demur because it was no big deal, and I replied, sincerely, that I didn't think it was a big deal, either--in context it really wasn't--but that nevertheless I thought I needed to have that level of authorization, and that since it wasn't a big deal it shouldn't be hard to get it. It's not that he was being a PHB, either--the point is that nobody in the company quite got it that maybe you didn't just send out half a pound of listing on a casual say-so.
For a while, there was one mid-level manager who liked patents and embarked on a semi-systematic effort to get things patented, and recognize engineers by posting framed notices about the patents that they had gotten--there were maybe about ten such frames on the wall by the time he left. But it was not part of the corporate culture.
I don't remember ever hearing about the company suing or being sued over a patent except for one case, where it was embroiled as a party in a lawsuit involving some software components they had purchased and licensed from another firm.
"How to Do Nothing," kids activities, back in print!
IP is only valuable & important to a business when it has enough patents to create a stranglehold in their sector.
Or any business that has an identifiable name. Your local "Quickie Laundromat" may say they don't care about IP. But if I open another business right next door called "Quickie Laundromat", and if I copy their ads and signs word-for-word, they might change their minds. IP is more than just patents. It also encompasses trademarks and copyrights. 10% say they care about IP. The other 90% don't understand what IP is.
IP is only valuable if you can afford to protect it in court. I think that's the big problem here. If you own Quickie Laundromat, and another guy opens Quicky Laundromat across the street, you can either spend tons of money on lawyers trying to defend your business, or spend tons of money on better machines, or just try to keep prices low. Or try to compete on things that actually matter to customers, Maybe add free Wifi. If you make your business good enough, eventually people will figure out that the they Quickie Laundromat on the North side of the street is the good one. For businesses like this, it isn't the name that matters anyway, but the quality of service. You could call it "Don't Come To This Laundromat", but if you had better machines, cheaper rates, and better overall services, people will visit your business. For most businesses, defending IP would cost more than any profit it could possibly bring in, so it's just not worth worrying about it.
Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
I've recently been involved with the patenting process, at it applies in the US and Europe.
In some respects, I was pleasantly surprised. The patent lawyer genuinely seemed to want to use the system as it was intended, do a good job of writing everything up, and secure some real protection for the inventors of something genuinely new and useful.
In other respects, I was disappointed. I think the biggest downer for me was when we were formally advised that reading other patents in the field was potentially dangerous. Clearly the reality is that a patent lawsuit in the US is a very uncertain proposition for all concerned, particularly if the patent itself is of the broad-but-possible-not-enforceable variety and/or if the parties involved have substantially different resources to spend on the case. We were warned that having read anyone else's patents would mean if we were ever found to have infringed them in one of those uncertain lawsuits, that infringement would incur greater penalties as it would then be considered wilful.
That seemingly minor detail did more to damage my belief that at least the principle of various kinds of IP is worth having than any arguments about awarding trivial patents for nonsense inventions with vague descriptions ever have. Perversely, the very people who would most benefit from being aware of inventions -- those working in the same industry, who might want to license them or otherwise collaborate with other inventors -- appear to have a substantial incentive not to actually explore the disclosed knowledge the system is designed to share.
If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
hey. that helps makes sure I don't lose traction when I drive around town. it's not just for looks.
Sleep your way to a whiter smile...date a dentist!