Patents Chilling Effect on Science

cheesedog writes "The American Association for the Advancement of Science recently conducted a survey on the effect of patenting on the sciences. The results are frightening: 1/5th or more of all research projects in the United States are being chilled by patent holders. The sheer amount of research being canceled because of licensing issues is astounding, but at the same time many of these researchers hold their own patents and therefore contribute to the problem."

Comments

Re:I can vouch for this first hand

[calbanese]

(IAAL but I haven't done much work with software patents)

Either the grandparent is mistaken or confused, and you are correct. Patents are published so that others can use and improve them. You can not use them in commercial products, though. But if it is a valid patent it would be available on the USPTO website, available to researchers to use for research projects.

If the code is copyrighted, then you won't be able to see it unless you sign their forms etc. (assuming the source isn't just floating around online) as you do not need to submit the entire work to the Copyright Office to get a copyright, and even when submitted for registration it is not published online.

That being said, you could develop your own code that performs exactly the same function in exactly the same way and as long as you can prove you had no access to the original (or if the hardware requires constraints that everyone would have to use), then you are in the clear, even if it 'infringes.' Getting a registered copyright costs little more then a stamp - its nothing like a patent. Since they won't release the code to you without a contract, you have a strong case that you didn't have access to it and developed the code on your own. So there is no problem with you developing your own code, or, if it truly is patented, seeing the patent and implementing the code as long as its for research.

Re:Double Edged Sword

[cpt kangarooski]

They were originally set up to expire in 17 years with the option for one renewal.

What the fuck are you talking about? Patent terms in the US were 14 years from issue, then 17 years from issue, then 20 years from filing. No renewals; in fact, you generally have to pay up periodically just to get the full, single, term.

I think you're confusing patents and copyrights (which originally were 14+14 years)

That means that knowledge would be locked down for a maximum of 34 years.

Publication requirements ensure that knowledge isn't 'locked down.' It's not directly usable, perhaps, but it's commonly available.