The Law of Unintended Consequences: Patents

An anonymous reader writes "Fortune has an interesting article about the relationship between patent law and innovation. It compares the biotech industry with the computer industry and discusses the effects of the Bayh-Dole amdendment, which has allowed universities to make a lot of cash. But in the process innovation and scientific collaboration seem to have been stifled."

Comments

Re:The fundamental problem with Bayh-Dole ...

[laughingcoyote]

Your post makes it sound like that's a requirement, and it is indeed in the Constitution. However, its enumeration is in the "Congress may" section, not "Congress must".

In context, it reads:

The Congress shall have power...To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries

It's not recognized as a fundamental right, like property, free speech, and freedom of religion-only as a power granted to Congress to exercise, and only GIVEN THAT the exercise of that power does indeed promote the progress of science and useful art. That point can (and will) be debated here, but I felt compelled to point out that the ability to exclusive control of an idea is not considered a right-it is enumerated as a fully revocable privilege which Congress -may- grant.