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Author Topic: The case for patent law  (Read 407 times)

oddtimeflux

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The case for patent law
« on: 10-17-11 at 12:47 am »

I seem to be losing my faith. I was a strong advocate of patent laws and myself an inventor who has benefited much from it. I think I could not have succeeded in my career and contributed much to the world without it. However, recently I've encountered much material which makes the case against patents and intellectual property in general, claiming the it stifles innovation rather than encourage it, and it is very convincing.

What are your thoughts about the recent attack on patent laws, and would you be able to refer me to material which supports intellectual property right?
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JimIvey

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Re: The case for patent law
« Reply #1 on: 10-17-11 at 10:29 am »

What are your thoughts about the recent attack on patent laws, and would you be able to refer me to material which supports intellectual property right?

First, I have yet to hear a compelling argument for dropping patents that gets the facts right.  That doesn't mean that there is not argument for dropping patents, just that I have not heard one yet based on accurate facts.  Many such arguments are based on anecdotal evidence that patents didn't help a particular party as much as the party thought they should -- not really compelling without more.

Second, take a quick look around the world and name a country in which you'd be willing to take up residence that has no effective patent protections.  And, to make the argument that the US would benefit from dropping patents, the country can't be some tiny place like Tonga or Palau.

Third, consider our own history.  I believe the first "modern" patent law anywhere in the world was right here in the US.  And, we have a unique culture of innovation here that you don't see anywhere else  in the world.

To illustrate, a good friend of mine is the dean of education at WWU and explained to me how unique we are in this respect.  He studied academic writing throughout the world.

Pretty much every where else in the world, a good academic paper just regurgitates everything the author knows about a topic -- just a very thorough review.  In China, I understand that you get bonus points for colloquial sayings (like "a stitch in time saves nine"); there are thousands in China and the more you toss in, the more you understand the culture -- which is valued.  In the US, the author is to make a contribution to the topic -- the author's own synthesis, to go beyond what is already known.  That is pretty much unique in the world.

As an example, I used to work for the research facility of a major oil company.  The researchers were all top-quality geophysicists.  One of the research assistants there had a PhD from Russia and wanted to apply for a researcher role.  In his presentation, he was just explaining the whole of geophysics.  He was stopped several times to skip the background and get to his contribution.  He kept pleading to be allowed to finish.  There was no new contribution -- it was all review.  In Russia, that might have demonstrated a mastery of the topic.  Here, there was no evidence he would contribute any innovation to geophysics.

Patents aren't really designed to help any one type of person or company.  They're an incentive for innovation and to publicly share innovation, to foster a culture in which innovation is valued.  From what I see, we are still the leader in innovation throughout the world.  I don't see us maintaining that advantage without patents.

Regards.
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MLM

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Re: The case for patent law
« Reply #2 on: 10-17-11 at 11:10 am »

In the US, the author is to make a contribution to the topic -- the author's own synthesis, to go beyond what is already known.  That is pretty much unique in the world.

Indeed, Americans don't seem the least bit interested in what is already known. "Tell me something I don't already know."

Patents have an economic benefit, even if it is artificial. Maybe having a portfolio of patents is more valuable than the patents in the portfolio combined. In fact, the claims of most patents are so narrow in relative terms that they are hardly an impedance to incremental innovation.

A lot of people poo-poo the notion that patents stifle innovation; if anything patents provide an incentive to innovate around them. I would say, however, that from my engineering days, patents were not even a factor in our work. We focused on what was important to our business at the time, and let the lawyers worry about the patent infringement lawsuits. It's easier to ask for forgiveness than for permission.
« Last Edit: 10-17-11 at 11:15 am by MLM »
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oddtimeflux

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Re: The case for patent law
« Reply #3 on: 10-20-11 at 01:58 pm »

I must add that for me patents have been the basis for my success. I'm an entrepreneur concentrating on inventing. I could not have started up my own company, got the right partners and funding and reached commercial deals without the protection of the patent system, even if we even still do not have a single issued patent.
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