Chapter 479: Great Fusion (3)

"The carpenter invented the wedge-jointed way of joining the rebar, but this wedge-type connection originated from the carpenter's own trade.

If such an already mature manufacturing method only changes the use scenario, it will be necessary to charge royalties for all subsequent improvements, which will inevitably increase the hidden expenses of the industry.

The increase in cost will naturally reduce the social and economic benefits generated by process improvement.

If the cost of royalties is too high, and the overall cost is almost the same as the existing process, we might as well not use the process and wait until the patent expires before promoting it. ”

"This is also a problem, Huaxia proposed a legal clause to protect the interests of inventors, the purpose of which was originally to encourage everyone to use invention and creation to improve the existing productivity.

However, if a more advanced invention is shelved because the patent fee charged by the inventor is too high.

It's a lose-lose situation for inventors and the progress of society. ”

"Yes, if the invention that has been shelved is not allowed or hindered by the improvement and improvement of the subsequent process because of the patent protection period, I think it is contrary to the original intention of patent protection.

There is one of the most basic provisions in Huaxia's legal provisions on patents, that is, no patent can become a shackle to social innovation.

I think His Excellency the President must have taken this into account when he proposed this most basic clause. ”

"However, if the carpenter's efforts in the process of inventing the wedge-jointed connection method and related tools are not effectively protected, it will inevitably discourage everyone's enthusiasm for innovation.

If everyone is unwilling to do such things that are not equal to the pay and gain, it is also contrary to the original intention of the patent protection regulations.

This is because, in the basic provisions, it is also stated that the purpose of the relevant provisions of patent protection in Huaxia is to protect innovations that are beneficial to social development. ”

"Protecting the carpenter's patents but hindering the application of more advanced processes is detrimental to the productivity of society.

However, if the carpenter's patents are not protected, it may hinder innovation in all other jobs, which is also detrimental to the improvement of social productivity.

So what does it take to produce results that are beneficial to the improvement of social productivity? ”

"Could it be that there is an irreconcilable contradiction in the provisions of this patent law itself?"

"Yes, it seems that what everyone said makes sense, but now there is a problem with whether to protect it or not, and it is really a bit difficult to do."

……

In the end, it was the Ministry of State-owned Assets Supervision and Administration that came forward to characterize this problem:

"The emergence of the latter tool is entirely inspired by the working principle of the former tool, and is an improvement on the former tool.

Without the innovation of the former tool, there would be no emergence of the latter.

The former tool is a link between the previous and the next, and is the result of close collaboration between different job positions.

Workers in related positions, from the perspective of their respective positions, have made great efforts for the emergence of new tools, and their efforts should be recognized.

However, if the excessive use of patent clauses restricts subsequent inventions and creations, it will also have a negative impact on the improvement of social productivity.

Therefore, the Ministry of State-owned Assets Supervision and Administration decided to revise the relevant provisions and find a way to deal with this matter in a way that is beneficial to everyone. ”

Subsequently, Huaxia Guo also improved the situation of unrestricted crackdown on related industries in response to the possible abuse of patent ownership by patentees.

For those inventions and creations that are related to people's livelihood and have a significant effect on the improvement of social productivity, Huaxia protects the interests of inventors in a variety of ways.

First, the Ministry of State-owned Assets Supervision and Administration shall calculate the income for ten years according to the scale of the current industry according to the social value generated by its inventions and creations, and then buy out the right to use it at one time by the Ministry of State-owned Assets Supervision and Administration Commission at a certain proportion, and open it to the whole society for free use.

Of course, the acquisition funds that the Ministry of State-owned Assets Supervision and Administration needs to use for such an acquisition must be decided through online debate and voting.

Moreover, the purchase price of a patent acquired by the state is capped at 100 times the median annual wage of the year.

In other words, if a person's invention has a positive effect on society, the Ministry of State-owned Assets Supervision and Administration can pay the owner of the patent a lump sum salary for up to 100 years as an encouragement.

The second approach is similar to the real-world model of patent licensing for patent owners, but the duration of patent protection for inventions and creations is reduced to 10 years.

Although Huaxia has shortened the term of protection of invention patents, under the social management model of Huaxia, the protection of patents is more effective and the interests of patentees are more effectively protected.

After the Ministry of State-owned Assets Supervision and Administration (SASAC) revised the patent-related regulations, the carpenter happily chose to sell his patents directly to the Ministry of State-owned Assets Supervision.

Because, in the face of more convenient connection methods, the sleeves and supporting tools he produced have no use, completely lost the market, and it is impossible to generate revenue.

While you can still use the law to restrict others from making more effective improvements in this way, it doesn't make much sense.

This is due to the shortening of the patent protection period and the existence of another connection method.

Even if we reduce those products to cost price, we will not be able to further expand their market share.

Coupled with the well-developed sharing platform in Huaxia, those who have purchased related products in the past can also put relevant tools on the platform for rent, which further affects the sales of new products.

Most importantly, the Ministry of State-owned Assets Supervision and Administration (SASAC), the ultimate adopter of the technology, has no intention of making its own connection method an industry standard.

Because they are more receptive to improved technology, rather than such a transitional product and technology that is facing obsolescence as soon as it comes out.

In the end, after everyone's vote, the carpenter received a one-time buyout fee equivalent to the median annual salary of 20 years.

Then, the Ministry of State-owned Assets Supervision and Administration completely liberalized the socialized use of wedge-type steel bar connection methods, and anyone can improve and perfect it again on this basis to promote another leap in the level of productivity.

Of course, the new rebar connection sleeve can be sold at a more affordable price without additional patent license fees, thus achieving large-scale application.

Due to the uncertainty about the future and the possibility of more convenient connections, the reinforcing steel workers also sold their invention directly to the Ministry of State-owned Assets Supervision and Administration in the manner of carpenters.

However, because the socio-economic benefits of his invention were better, he received a one-time buyout fee for the patent equivalent to the median annual salary of forty years.

The first patent dispute in another world came to an end with the intervention of the Ministry of State-owned Assets Supervision and Administration Commission.

Wei Minsheng is very pleased with such a result, at least, people in other worlds do not stereotypically follow the terms of laws and regulations to restrict those projects that need support.