In: Economics
Patents are a form of preserving intellectual property. But due
to the issuing of patents to these firms, they do hamper the
research which could have prospered at a higher rate had there been
transparency of tools, methods, information or even recipes.
Intellectual property can have substantial costs in terms of
hindering subsequent innovation, so if a small firm finds itself in
defense against competitors with giant patent arsenals and
litigation budgets. Patent rights might favor only the big
companies and firms.
So if an independent designer (Cook) comes up with a unique design (Recipe) by himself/herself and if it happened to be a bit similar to an already made design (recipe), since there might be many cases of 'similar' or 'closely-related' or 'plagiarised' design or recipe. A similarity doesn't necessarily mean that the creator copied it but still he has to face a huge competitor at the court bearing a lot of litigation charges.