The US Patent Act of 1870 and Copyright Act of 1976 treat patents and copyrights as kinds of property, therefore suggesting that intellectual property rights should be akin to tangible property rights: that is, ‘perpetual and exclusive’. But legal protections offered to intellectual property assets are utilitarian grants – they are neither perpetual nor exclusive. (Tangible property is said to be perpetual because it is yours till you dispose of it.) Their terms are limited and amenable to nonexclusive use. Patent law offers exceptions for experimental use, and prior-use rights for business methods; copyright law for fair use; trademark law for nominative use; trade secrets for reverse engineering and independent discovery.
Legal protections appropriate for tangible objects – as the drafters of the US Constitution were well aware – are a disaster in the realm of culture, which relies on a richly populated, open-for-borrowing-and-reuse public domain. It is here, where our culture is born and grows and is reproduced, that the term ‘intellectual property’ holds sway and does considerable mischief.
Toyota has followed Tesla’s strategy of giving their patented technology away for free. The patent system is so obviously broken so it’s nice to see these large corporations just letting their patents go. Ultimately, this means that other car companies can now use fuel saving technology (or whatever Toyota has invented). Hopefully we will see less environmentally damaging vehicles on the road.
Perhaps the most newsworthy announcement came when Toyota said it would make all of its 5,680 patents related to fuel cell technology available, royalty-free, to other companies manufacturing and selling both fuel-cell vehicles and hydrogen refueling stations. The idea is to drive more innovation in this somewhat nascent sector of the automobile industry.
“It’s obvious that there can be a higher societal value in openly sharing our IP,” Carter said. “By eliminating the traditional corporate boundaries, we can speed the metabolism of everyone’s research and move into a future of mobility quicker, more effectively, and more economically. Indeed, I believe that today marks a turning point in automotive history.”