Definition of innovation: everything that lets mankind advance forward.
Two phases of innovation are distinguished:
1. productive phase
2. unproductive phase
The productive phase includes production and distribution of goods.
The unproductive phase consists of three parts:
3. production of test series or preparation for series production
Each element of productive
phase is known, it contains information and knowledge available for anybody (e.g. utilization of certain machines and technologies, their procurement, transfer of technology, etc.). Every investment made in unproductive
phase is validated in the productive
phase of innovation.
Since it is impossible to forecast what solutions
can emerge from the research/development/test series production, that will require new solutions of industrial property protection, preferably every element of the unproductive
phase has to be handled confidetially. The work and money invested in the unproductive
phase will be realized in the productive phase
, when somebody purchases the product.
may be basic
research. A solution/procedure that may be patented is created in the research
phase relatively infrequently. In addition, the initiation of a patent procedure has to be given thorough consideration owing to the fact that the solutions arrived at in this phase are easily circumvented.
may be a) experimental
or b) product development
a) Experimental development
is needed when the result of some research is not foreseen in its entirety, or it is hard to specify the extent to which research results can be exploited in practice. In other words, research (laboratory) results have to be confirmed by experiments of an industrial character. In the course of experimental development
, it is determined whether the research result
- can be directly applied in practice, or
- needs to be modified, or
- is not suitable for application in practice.
b) Product development
begins when the research result makes such development possible. Furthermore, product development is carried out when upgrading of an existing product/procedure is required and no or only limited research activity is needed.
Preparation for serial production following the development phase.
Protection of industrial property - patenting
Submission of a patent application should be postponed as much as possible. This is important because a need for modification may arise during research, development, and preproduction, negatively affecting the patent protection of the product/procedure. It does not appear reasonable to submit a patent application during the research phase. According to the common practice, patent applications are submitted
- when the product is ready for serial production, or
- at the time of commencement of serial production, or
- before the beginning of distribution.
The third option is applied when the innovation and/or patent application can be circumvented relatively easily. The manufacturer/patent holder bases his advantage on flooding the market and the announcement of patent protection (e.g., toys, consumer goods, etc.).
It is not likely that each result of the research/development should be patented, as this would result with the subject or solution becoming public.
Keeping a result of research/development activity in secret may sometimes generate more benefit than a patent.