Here’s another response to the most popular question among those that own inkjet printers?

Oh, the question, Why does printer ink cost so much?

The reply, blame the U.S. patent laws.

Why? Because companies like HP and Lexmark (two companies currently involved in patent infringement law suits) have been able to file patents on the formulas for their printer ink. These patents protect the years of time and money HP and Lexmark have put in to developing the ink that goes in their cartridges. This sounds fair, so what’s the problem?

Five years ago HP filed claims that said refilled ink cartridges for their printers violated patents. They specifically named three patents that focused on the type of ink refillers were using. Odd part about their filing was that HP made it clear that if the three they selected were not successful, they had a few thousand others to pick from (no joke!). This was clearly a case of deep pockets threatening the little guy.

Just a few weeks ago HP asked the U.S. ITC (International Trade Commission) to block the import of refilled cartridges from foreign competitors because of patent violations. Not to be outdone, Lexmark has also asked the ITC to block the import of refilled cartridges because of patent infringement.

Lexmark was one of the first printer ink makers to use the patent infringement argument against cartridge refillers. They tried to use the DCMA (Digital Millennium Copyright Act) as a way to companies from making printer ink cartridges that work in their printers. Fortunately, for the refillers, the U.S. Sixth Circuit Court was abusing the DMCA for anti-competitive purposes and ruled against Lexmark. (Note: The DCMA’s true intent is to protect intellectual property not prevent competitive practices).

Now, back to the cost of printer ink. Can you see why it is so expensive? First we’ve got companies like HP and Lexmark spending billions on developing their ink. Then we have these same companies trying to play “those with the deepest pockets win” in order to eliminate refillers from the market place. They are politely pushing for a market place dominated by themselves. Kind of tells you how important the revenues from printer cartridges are.

The burden of proof is on HP and Lexmark. Prove that refillers are violating your patents. I’m all for honoring the time and money that has gone in to formulating printer ink “recipes”. That’s fair. But I don’t agree with using thousands of patents to bully refillers. The burden of proof is on HP and Lexmark.

What’s your take on this? Take a minute and let me know. Thanks!