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Hello.
We had ten articles under the “Patent Educational Program” section, in which we examined many aspects related to intellectual property. It covered different types of patents, reasons for their invalidity, service inventions, patent purity, search engines and finally application preparation. But we have not yet discussed a single area directly related to intellectual property protection. That is, the method of knowing.
In very simple words, knowing how to produce a product is the secret. Literal: “I know how.” That is, it is information about the results of intellectual activities that have commercial value. I decided to talk about this feature because many people today have the mistaken impression that having a patent is a guarantee against the theft of ideas. But as we know, this is far from the case. And today we will look at several examples that will help us understand the pros and cons of this trend.
The main feature that attracts many people to know is its one-time use. At a time when, after obtaining a patent for an invention, we are forced, if we want to stay on top of the wave, to constantly develop the technological solution contained within it (the patent). For, knowing involves resting on our names. . And here comes the nature of safety rules. A patent matters. You thought of something first and now you have a competitive advantage. No need to waste time mastering the technical process for the first version of the product. You are already releasing it. And while competitors are wondering what to do, you have time to move forward with Product Development 2.0. Then the cycle repeats after 20 years, until the patented device or method loses its relevance, your advances become publicly available and competitors can copy them. Of course, no one would expect patents for processors and their production technologies to expire, but for example, wristwatch mechanisms, which we have discussed. Separate article Or it is quite possible to wait for the luxury leather bag design.
Most inventions follow this model. Their patents have been published, information about design features is in the public domain, and anyone can reproduce the desired patented item for their own personal use. It is important not to sell it later.
The main characteristic of knowledge is secrecy. And it’s not enough to just classify the product’s technical documentation (although that needs to be done, too). It is important to develop a product that is impossible to achieve through reverse engineering.
Yes, perfume is perfect for this role. Fashion houses put a lot of effort into creating unique fragrances that will become their calling cards. Now imagine how fashion houses can protect such fragrances. There are patents for inventions. And fragrance falls under this definition, because it is the result of combining several elements to obtain a mixture, the composition of which can be patented as a substance. It is possible to write claims in such a way that it is impossible to reproduce the exact combination. This will be achieved by referring not to the exact volume of the elements, but to the very wide intervals in which it will fall. Such a maneuver with perfumes, which have more than three ingredients, deprives competitors of the opportunity to repeat the desired composition purely mathematically. The number of options will be so high. However, it is enough to recall the movie “Perfume” from a distance to understand how difficult it can be to identify only individual ingredients, not to mention their volume.
Also, not everyone will be able to distinguish between two aromas with the difference between the amount of ingredients mixed in different fractions of a milliliter. This means that it will not be difficult to “collect” a fragrance that is very similar to the famous one, but at a more attractive price. And if we take into account that eau de toilette (or perfume) interacts differently with human skin, the volume loss of the ingredients of the composition compared to the original can also be an advantage. Therefore, it is appropriate not only to avoid the mention of intervals, but also to avoid the mention of the components themselves. This means that a patent won’t help much. And if in the case of patents for inventions, which are devices, information about design features helps to understand the essence of technical results and to advance in the direction of improvement and work, then in the case of fragrances, the publication of compositions. Just spare the competitor the tiresome search for the perfect blend, which, after a brief experiment, will be relegated to store shelves. This is where knowledge can be saved. There are several criteria that must be met. They are defined in Article No. 1465 of the Civil Code of the Russian Federation:
Production secret (know-how) is information of any kind (production, technical, economic, organizational and other) about the results of intellectual activities in the scientific and technological field and about methods of performing professional activities, including real or potential It is commercial. Value to third parties due to their ignorance, if the third party does not have free access to such information on legal grounds and the owner of such information takes reasonable steps to maintain its confidentiality, including the introduction of trade secret systems. .
That is, the information is valuable (commercially), unknown to third parties, inaccessible to outsiders, and must be protected by the owner of such information. Cosmetic companies already comply with the trade secret regime, so it would not be difficult to include in the contract several clauses about such (confidential) additional information.
It’s worth remembering that know-how is an intangible asset, just like a patent. It can also be registered. And at a much higher cost, because bolder criteria can be used for evaluation.
What are the positives in the end?
Most importantly, nothing needs to be formatted in a specific (new to the company) way. He classified a report with data from a chemical laboratory, ordered employees to sign an agreement to comply with the trade secret system, and ordered that a few people with the required report be let into the safe. go An independent (or independent) expert will assess the value of this asset, and your company’s capital is already increased.
What are the disadvantages?
They are well described by the saying “Don’t put all your eggs in one basket.” The reality is that knowledge has commercial value as long as it remains secret. If due to certain circumstances this secret comes to public knowledge, the business can be ruined. And I’m not exaggerating. Often, knowledge leads to a monopoly position in the market. And since conditions may develop such that the technology remains in demand unchanged for decades, access to its underlying secrets may destroy it. As I mentioned above, it doesn’t require constant improvement in terms of knowledge. And it’s comfortable. A less important disadvantage, but still a disadvantage, is that it is very difficult to find products that can remain relevant beyond the patent term. If we return to the perfume example, it’s hard for me to imagine a fragrance that will be relevant for more than a year or two.
However, I will still give a great example, which is full of many myths and stories:
Above you can see the coupon for a free glass of Coca Cola. He was released to help promote the drink. It is believed to have been invented in 1886, when Atlanta (USA) banned alcoholic beverages. The original recipe was not patented, and even today the company successfully uses the myth that no one knows for sure the exact formula and method of producing this carbonated drink. It turns out to be a great trick that sets Coca-Cola apart from other drinks that try to copy it (they still taste different).
The best way to protect intellectual property is still a shared one. That is, in the patent description, the authors provide only the general idea and the minimum conditions necessary for its operation. And everything related to the implementation of private options is already kept behind seven locks. The impact of trade secrets on the bottom line is often underestimated. But it can be easily visualized using an example from Sergey Lukyanenko’s book “Competitions”. The main character finds himself in the world of an MMORPG and tries to convince others that they are in the game, focusing on an overly simplistic way to gather new information about alien technologies. Refers to the scheme. As an analogy, he recalls a story when domestic craftsmen tried to imitate a foreign car, and, after studying the disassembled engine, failed to put it back together. This was because the aliens used cooling chambers for the gears to reduce their volume to fractions of a millimeter. This made it possible to carry out the assembly without any problems, and to reduce the size of the gap during operation, when the temperature of the parts was equal to that of the environment. He also ruled out the possibility of “garage” repairs.
I often criticize engineers for refusing to file applications for their designs, arguing that there is not enough novelty or inventive step to be patentable. And if it happens that you already know that your idea is not patentable (remember the patentability criteria), evaluate it from the perspective of obviousness of applicability. . If the average engineer doesn’t, perhaps you should consider whether your idea meets the know-how criteria.
Bold ideas, great inventions and successful products. good luck!
