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Re: wow_happens28 post# 338

Thursday, 07/02/2009 4:44:47 PM

Thursday, July 02, 2009 4:44:47 PM

Post# of 10951
Note well Santa, these are patent applications not patents issued. In addition, this type of patent (patents on recipe's) are not usually worth the cost of the patent.

One of the significant downsides to such patents is that it may prevent use of the idea and, consequently has a more negative impact on the use of rice bran in these examples. In effect, patenting such ideas locks out anyone who would otherwise be interested in putting it to good use and, purchase NTRZ's rice bran as a result. About the only scenario I can think of where having a patent like these would have merit is if a major food company want to use the idea and is willing to pay a royalty to do so.

Allowing for the possibility that these folks may have such an opportunity in mind - normally one would NOT invest the time and money to get a patent such as these applications might produce. The other alternative is to provide for the use of the patent free to anyone who purchases NTRZ product. smile

That, in my opinion would be the most fruitful purpose for such patents.

Regarding patents in general: Bear in mind, that the U.S. Government provides the patent holder a monopoly on the use of the patented idea for the term of the patent. The government does NOT enforce your rights. If someone chooses to ignore or violate your patent, YOU and only YOU must bear the leagal costs of enforcing said patent. So, unless the patented idea has very significant value, chances are it isn't worth the time or money. Patents these days are incredibly expensive - not only to get one but then you have to pay annual fees to keep them in force.

A significant patent portfolio can be a serious drag on the finances of a company unless they are actively using the patents. For example, I remember well when we had about 50 active patents and with the expenses of about 3 new patents each year plus annual fees (patent office and attorneys) we were getting billed around $2.5 million annually. We then decided to look at patent applications and which patents we "maintained" in a much more critical manner.

Chemists love the idea of patenting their ideas but there is a very practical business aspect of managing a patent portfolio.
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