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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."
Specifically, this quote: Don't most government-endowed monopolies have chilling unintended consequences on the markets they're supposed to protect?
No. Especially in cases where an overly large capital investment is needed to develop a technology, a temporary monopoly on the resulting deliverable is often needed to encourage or enable the investors in said technology to build it in the first place.
Copyright gives incredible power to the top publishers (with a lock on book stores), the recording industry, and the movie distributors.
Actually, it gives such power to me too, an independent software engineer. I can (and do) use copyrights to help me ensure that my time gets reasonably and profitably compensated. If this were not so, I would not develop nearly as much software, and that would be bad for all involved.
Government's monopoly on violence prevents the average person from defending their property, and use of the monopoly outside of our borders causes anger towards our citizens.
In the US, anyone can perform a citizen's arrest as a peace officer. In almost all jurisdictions, citizens have the right to lethal self-defense. (guns, etc.) I'm not sure if you're promoting the idea that US Citizens should be able to wage ware oversees without being part of the military? Your logic gets pretty weak, here.
Government's monopoly on prescription drugs causes the costs to skyrocket (death sentence for the poor) and useful drugs to be delayed for years.
Government monopolies on prescription drugs keep unsafe, sham products from flooding the marketplace. Take a look at your email inbox if want to see lots of examples of these: names like "Vi4gra" and "p3n15 3nl4rgemint".
Temporary monopolies granted by patents allow drug companies to invest huge sums of money (to the tune of 315 million dollars per drug) to research, develop and test (for safety) the numerous and highly beneficial pharmaceuticals available today. By keeping the patent term reasonable, "generic" drugs are available after the drug companies have reaped their profits to then make them affordable to the impoverished.
Government's monopoly on patent licensing is no different. The playing field is far from level. Drug companies would initially have to charge more to sell their meds, or sell through doctors groups (where generics might be contractually offlimits for those doctors). Patents don't protect bootlegs anyway, which get more pervasive as the web gets larger.
What are you saying here? I can't make heads or tails of it...
For our society to grow, we need to accept that monopolies are always bad, and only government can create them. There are no natural monopolies. The 4 or 5 times there might have been in the past I'd argue weren't meant to last, but they're gone anyway.
For our society to grow, we need to understand when monopolies are appropriate and when they are simply stupid. Like most GPL software, it's best when it's used for infrastructure (eg: highways, basic telecommunications, etc) and at its worst when used for end-use products. (eg: spatulas, carpets, televisions, etc)
I have no problem with your religion until you decide it's reason to deprive others of the truth.
Part of the problem is that patents have been expanded far beyond their original intention. They were originally set up to expire in 17 years with the option for one renewal. That means that knowledge would be locked down for a maximum of 34 years. At that point it was supposed to pass in to the public domain.
It was changed because large companies had the habit of offering a pittance for licensing someone's patent. If it wasn't accepted, they would simply wait until the patent expired and then use the technology for free. Many people don't realize that the relatively modern addition of variable speed windshield wipers were invented in the early part of the previous century. I forget the exact year.
Now, however, that the patent has expired this is a standard feature on most automobiles.
This is simply the pendulum swinging back the other direction. Invention and innovation will be stifled to the point that the companies will start going out of business, strangled on their own patents. They'll be unable to bring new products to market because everything will infringe on someone else's patent. Companies are already buying other companies in order to obtain "the intellectual propery". If its to the point that you buy the whole company just to get their patents, things are desperate indeed.
2 cents,
Queen B
HDGary secures my bank
Lawyers are destroying this country, heck they practically own it. 90% of congress are lawyers, 9/10 medical suits are frivolous and the 'industry' of medical law is about playing the averages. In my home state of Georgia(USA) medical practioners have their own insurance union, they lose 1 Billion dollars a year defending against frivolous lawsuits. Only 1 in 10 of those suits actually stick...it's practically extortion.
I'd like to see some references to your statistics. They seem too...convenient. 90% this, 9 out of 10 that, $1 billion here, 1 out of 10 there.
Likewise, recent changes to IP are one of the worst things to happen to science and industry. Used correctly IP has its place in prompting innovation, but lawyers are turning IP into something strictly to leverage lawsuits with. That doesn't benefit customers, scientific organizations or industry leaders...but it does syphon mountains of cash to the IP lawyers.
I know it's popular to hate lawyers, so what I'm about to say will probably burn my karma to cinders. But, the simple truth is, it's not the fault of lawyers. They're working within the system, getting paid by clients to do what they do. You want less patent lawsuits? Reform the patent system. Don't burn lawyers at the stake.
Your hate is misplaced.
It seems to me that this has happened before. Around the turn of the last century, Lee DeForrest patented a whole bunch of undeveloped ideas and nonsense concerning electron tubes on the theory that something might stick. He really didn't know what he had when he developed the very first triode. But that didn't stop him from trying to patent every conceivable circuit he could imagine.
Unfortunately, Armstrong did know what the tube was good for and actually developed some very innovative circuits that lead to the Regenerative receiver. However, DeForrest's lawyers sued him because they thought they had a patent on the circuit before Armstrong did. The court couldn't sort out the details because they didn't understand the technology all that well either. They awarded damages to DeForrest, whose lawyers were well fed...
Today, you can look at DeForrest's patents and decide for yourself whether he really had a clue as to what a regenerative receiver was. Most technically literate people agree that his patent was merely a fishing expedition.
So here we are today: The AAAS has just realized that there might be a problem with patents. Golly! They're about 100 years too late IMNSHO. This festering heap of a stupid idea called patents began to be a problem when it became apparent that no one person could know all there was to know about science as people could claim in Ben Franklin's day. Today, it's harder and harder to find people who know all there is worth knowing about even a small branch of physics.
This concept of patent reform is so overdue that the best thing we can do about it is to junk the whole edifice and start over. It's that bad. We've known it since the last century. Why is it still here?
Nearly fifty percent of all graduates come from the bottom half of the class!