Professional Documents
Culture Documents
5.1 - Invention
5.2 - Innovation
5.l.INVENTION
Esserulnl tDEA
Drivers for invention
The protection of a novel product that solves a
problem is a major factor in commercial design. People invent for a variety of reasons including the
meeting of basic human needs, self fulfilment, financial
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better for others.
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population coupled with unreliable food supplies ied the
political economist Thomas Malthus in 1798 to suggest
that population predictions couid not be supported by
known methods of food production and would lead to a
correction by mass starvation. While his prediction proved
inaccurate, it was the increasing pace of innovation during
the Industrial Revolution that led to a solution to the food
supply problem. The introduction of rail transport greatly Figure 5.1.1X-Prize Foundation winner SpaceSh,: - -.
increased the amount of food that could be distributed image by lan Kluft, (own image), share alike 3.0 Llnc: '':- .
in a short period of time plus the ability to rapidly move
grain and meat large distances also meant that new A more altruistic approach is apparent from thr...
areas of land distant from cities and towns could now desire to create solutions to problems for the public -
be linked to markets economically and were therefore
now viable locations for food production. As iron and The lone inventor
steel production increased, farm implements previously
made of wood began to be replaced by mass produced The concept of the lone inventor was popL1lari..-
equipment made of sturdier, Ionger lasting iron and journalists during the Industrial Revolution : :
steel. The efficiency of farm production was also greatly inventors were associated with the developnl.:,.
improved by the invention of mechanical tools such as the significant discoveries. Later, others such as Aie:',. -
stump jump plough and combine harvester. Graham Bell and the telephone, Thomas Edison ar.: '-
Iight bulb or gramophone and later the Wright Bri: - ,
Many inventors of the past have been inquisitive explorers, and flight also had their efforts promoted by the pre..
driven by a creative pursuit or personal interest to develop
something new The nature of innovation fbr many is The classic and most often quoted example of the -
seen as a personal challenge to be overcome, associated inventor was Thomas Edison, who held patents tbr :.-
professional standing within a professional community than a 1 000 inventions. Recent research chailens.. ---
and career advancement along with financial recompense notion of Edison and others toiling individualll. l.
may be powerful drivers. Clearly, the commercial side of Burkus, (2013) in his book, The Myths of Creativitl'. c., -
the equation is important for independent inventors and Edison was the public front man for a whole creatir-e := - -'
the desire to make money from a new invention ranks of engineers, machinists, and physicists. While his ;--
highly. to innovate is not challenged, the perception that he ; -
alone is subject to debate.
Design competitions, both recent and historic have been
strong motivators for individuals to create or invent a
solution to an identified problem. Some examples follow.
The X-Prize Foundation advertised a US $10 million cash In fact others have also documented the notion o: - -
prize for the first privately owned aircraft to transport three sole inventor as a myth and include the likes of T., -
people into space and then repeat the operation within a Alexander Graham Bell, Samuel Morse, and Eli \\'h:: .
two week windovrr The prize was claimed by Burt Rutan as prominent inventors who relied on the work of oth. '
when in 2004 his design, SpaceShipOne successfully met
the competition criteria. Mark Lemley of Stanford Law School, when n'riting -
patent law for the Michigan Law Review, (2012) nc..-
"surveys of hundreds of significant new technolt:. .
show that almost all of them are invented simultanet -,
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or nearly simultaneously by two or more teams working lntellectual property (lP)
independently of each other. Invention appears in
significant part to be a social, not an individual, The World Intellectual Property Organisation defines
phenomenonl intellectual property (IP) as anything that, "refers to
creations of the mind, such as inventions; literary and
\\Ihile historically there are still recorded instances artistic works; designs; and symbols, niunes and images
oi individuals plucking an idea from the ether, most used in commerce'l Common types of IP rights include
ne'rv technology and inventions have been the result patents, trademarks and copyright.
of simultaneous or concurrent research conducted by
teams often fronted by an individual who has been able Benefits of IP
to successfully register or patent an idea first. Inventors
as a rule build on work preceding their efforts and often IP is protected by law and as an extension protects the
nerv ideas are floated before one or another group adopt creator or inventor from having their work used by others.
the notion for development, modification or refinement. This protection assists inventors and investors to recoup
These changes are often based on new technologies, expensive research and development costs without fear
:naterials or manufacturing processes. of unfair competition. In this way, iP encourages and
supports creativity and innovation. IP is a balance between
The advantages and disadvantages of being a lone the rights ofthe inventor and needs or wants ofthe greater
inventor market and consumers. Specifically, the benefits associated
with granting of IP rights may include the following:
Lone inventors are able to exert complete control over
ihe development of their work. The nature of their . consideration by investors as a safeguard ofan asset for
irorking style may also indicate they are used to working a start-up company or new product venture requiring
rndependently and not part of larger teams where they are funding
'ust one voice among many. They often have significant
emotional investment and ownership issues surrounding . protection from competitors and a guarantee that the
:heir efforts and as such may have difficulty working with product is original in its nature
.rthers who may wish to take design development in other
iirections. . protection extended beyond the primary design and
the income associated with its sale, any income stream
he nature of collaborative teams, however, working on pursuant to derivative designs and licensed production
lerr. ideas brings a whole new dynamic to the nature of thereof
:nnovation. Collaboration not only brings more than one
:.erspective to an idea but new potential by introducing . searchable documentation through patent databases
l range of expertise, experience and problem solving providing access to the latest developments,
.echniques. Singh and Fleming, (2009), in their research technologies and processes, (estimates from the
:aper Lone Inventors as Source of Breakthroughs Myth or European Commission documents archive suggest
-ieality? propose, "team and/or organization affiliation 80% ofcurrent technical knowledge is stored in patent
.:rcreases the likelihood of creative outcomes'l document form).
)uring the 20th century things have become clearer and Strategies for protecting lP: patents; trademarks;
.re notion of the lone inventor has gradually disappeared design protection; copyright
'. ith the emergence of multi-national companies
..nd research and development teams. Increasingly, Patents
. :e majority of products today are very complicated.
.laterials technology, manufacturing processes and In simple terms, patents protect inventions. A patent
.:sting procedures are now so complex no one person provides the registered owner with the right to prevent
'.:s the knowledge, skills or resources to successfully others from copying, manufacturing selling or importing
::ing a product to the market. Once an initial concept is your invention without express permission. Patents
::oposed, multidisciplinary teams of experts are required protect a range of IP not limited to physical products but
r deveiop and market the successful product. It is these extending to manufacturing processes, software, materials
-:oups that are nolv mostly credited with major product developments and even methods of business.
-:r'elopments.
To ensure a successful patent application, the invention
must be new and not directly related to or a derivative of
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an existing patent. As an additional protection only the TrademarksrNl, ServicemarkssNl and Registered
inventor may apply for a patent ie. you cannot patent Trademarks'
anothert invention. Design patents are restricted to the
appearance of an article as shown in the drawings and The marking of goods with a maker's identifying m::.
illustrations covered by the patent. goes back to ancient times. However, it wasnt until ,-,
establishment of medieval craft guilds that rules star.:-
In return for the protections offered by the patenting appearing governing their use. In the 1800s consur.:.l:-
process, the inventor agrees to make ail of the technical started to place a market value on a manufacturer's tr.'.:.
infonnation associated with the patent publicly available. rnarked goods and the courts began to support trac.
against infringement of their rights to distinguisi: -
The term 'patent pending' indicates that a Patent product as their own.
application has been filed. It does not guarantee the issue
of a patent license but serves as a warning that a patent Today the trademark symbol denotes an unregiste:. -
may be issued. Patent license contracts may also include trademark. It most often appears in superscripted
safety and or quality assurance clauses. subscripted form and is regularly used for brand names
products to differentiate one manufacturer from anotl--:-
Most often patents are territorial in that they offer in the marketplace.
protection only in the country in which the patent has
been fiied. Searchable databases such as those held by As the name suggests, servicemarks are appended :
Google (google.com/patents) and esp@cenet offer access services such as advertising as opposed to products .
to millions of patent documents from around the worid. packaging. Service marks may even be sounds us.-
These databases provide companies and individuais rvith in advertising or in the delivery of a service. As ri-:'
information and may answer questions that may save trademarks, servicemarks must be identifiable ;.:-,-
valuable time and money. Some of these questions are suitably unique.
listed below.
The registration of a trademark provides a compan)- \\ - -
. Does a clrrrent patent exist in a particular field? a range of protections and opportunities. A registe:.-
trademark signals to other companies your legal righl
. Is a patent still in force or has it expired? exclusively claim the rights to use the unique markins
your goods. Companies with registered tradernarks rl:-
. What are competitors in a similar field working on? take legal action against others who use the mark tvithi -'
permission, however, permission to use the mark n:-
. Is there information or technology in existence that be extended to others through the awarding of francit.,-
can assist with research and development? rights or licenses. The registered trademark symbo-
usually superscripted or subscripted and appears in pl;-.
Copyright of the trademark or service mark symbols.
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The high costs associated with patenting may be mitigated the costs surrounding the maintenance and defence of
to some degree through licensing fees negotiated with patent rights can be excessive. It is for these reasons that
competitors. This is particularly reievant in the field of many innovative companies in both Europe and the USA
serniconductors where the existing technology is covered value market share, lead time, secrecy and superior sales
bv hundreds of patents held by a range of organisations. more than the securing of a patent when considering the
For some, however, these fees can be a disincentive to maximising of profits from new developments.
ir.rnovate based on existing technology and process.
Shelved technologies
\\Iithout patents, inventors would be forced to keep their
ideas secret. If the invention did not go to market then the Some patented inventions simply aren't commercially
innovation may be lost without being documented and viable, in that the cost associated with bringing them to
centrally recorded. market would generate a price beyond the means of the
target market. Similad some developments simply do
The field with the strongest financial return and not have a commercial application or identified market.
rreed for stringent patent protection is that covering
pharmaceuticais and biotechnology. Successful drug Other, successful and commercially viable innovations r=
developments can yield billions of doilars in prohts and identified by rival companies in the same field may be
the nervly identified filed of gene therapy is no different. 'acquiredi With a new owner, the innovation may now be
The path to financial success has proven not to be as clear incorporated into the host companies products or may be
irs first envisioned. shelved to remoye competition from the marketplace.
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infringing existing patents, when litigation defending a Students may choose to investigate nhat imal.,-.,
new idea may be more expensive than any potential profits is and review some of the worid's great thinke:s - .
from future sales. Companies known as non-practicing attempting to apply this knorvledge to the -.,:
entities, patent assertion entities or colloquially as "patent invention and design.
trolls" are organisations which capitalise on these broad
patents by purchasing poorly performing companies for |acob Bronowski (1908-1974), a Polish-born ini;--.:--
their strong intellectual property rights. The troll then and mathematician who studied and wrote , -.
uses these patents like weapons in litigation to force other sciences, technology, poetry and the relation :.. :
companies to settle out of court to avoid the high costs creativity in the arts and the sciences, saw imaqin;: -
of litigation. In many cases it is faster and easier to settle uniquely human and described it as "the abilitv ir '-
out of court rather than risk protracted and expensive images and to move them about inside one's he.rd , .
Before Pasteur and the germ theory, who imagined Explore a range of areas of knowledge and histor',
that there was microscopic life, let alone viruses, that identify occurrences of imagination in the develop,::-..-
were responsible for disease? Until something has been of new products, principles or theories. Examples cou-; ,
discovered or theorized (imagined) to be possible - there the entire genre of science fiction or Newtont imagr:- -
is a limit - isnt there? That is not to say that some time in of the moon as a ball thrown hard enough to fall in col - : -
the future the limit will not change. with the horizon.
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Consider the quote by Einstein (879- 1 955), "Imagination
1 use in the population, many come with warnings and a list
:s more important than knowledge. For knowledge of uninteneded side-effects. Some are even removed from
.s limited to all we now know and understand, while the market.
:rr-iagination embraces the entire world, and all there ever
'r-i11 be to know and understand." ARPANET was the forerunner of todayt internet and
was originally developed to allow the U.S. Department of
Defence to connect universities and research laboratories
Sometimes there are unforeseen consequences in the US to collaboratively work on their projects. It
of inventions. To what extent might lack of would be impossible to all of the positive and negative
see
knowledge be an excuse for unethical conduct? consequences associated with the public use of such a
powerful communications devices including:
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. identity theft, cyber bullying, internet addictions, loss
.\merican sociologist Robert K. Merton advanced the of efficiency in the workplace, etc.
;oncept of unintended consequences in the 1930s when
eramining the relationship between deliberate attempts . social networking, online medical diagnosis, remote
:o affect positive social change and their actual outcomes. control of machinery and services, online shopping,
etc.
Consideration here should be given to the range of
possible causes ofunintended consequences he and others The international mindedness section in Chapter 5.2
i-rave proposed, including: documents case studies where innovations have been
transferred from one culture to another with negative
. ignorance (It is impossible to anticipate everything, effects. Did these actions constitute unethical behaviour?
thereby leading to incomplete analysis)
Doesnt unethical conduct suggest you have knowledge
. errors in analysis or testing, use ofpoor data and are choosing to act unethically? In cases where you
dont have knowledge of adverse consequences, but
. human factors of self interest, gain, bias, etc. believe there might be some, it may be argued it wouid be
unethical to not put measures in place to avoid unwanted
. complexity of systems and their interaction with ever- consequences.
changing environments
The student should examine what might constitute a lack
. the nature of small changes having far reaching effects of knowledge. The tobacco industry argued for decades
as described by the 'butterfly effecti that insufficient evidence, and therefore knowledge, of a
link between cancer and cigarette smoking existed even
Generally it is agreed that unintendedor unforseen though most of the medical community believed such
.onsequences from the development or introduction a link had been shown. Was this unethical behaviour?
of inventions and innovations fall into three distinct Unethical conduct can never be condoned or excused,
categories; desirable, undesirable and a contrarian result the real test is whether any undesirable side effects from
that is the reverse of what was originally intended, (the the introduction of a new technology or product could or
oaperless office of the '80s promised as result of the should have been anticipated in the early stages ofresearch
computer revolution comes to mind here). History is and development.
littered with unintended consequences as a result of
innovation. Exercise
The microwave oven, designed to speed the process of Choose a recent invention, system or environment
cooking food actually removed food preparation largely and examine the unintended consequences (or uses)
liom the home and spawned a whole industry making this technology or product revealed over time. Simple
pre-prepared meals. This led in turn to individuals heating examples could include the iPad, the paperless ofice,
up their own meals as and when required and thus the Facebook, solar power rebate schemes and their effect on
reduction in influence of the family dining table on society. electricity prices and so on.
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