An inside look at Intellectual Ventures
A reader writes"Nathan Myhrvold has started a multi-hundred million dollar firm to develop new inventions and patent them. It has remained a very secretive organization, despite recruiting reclusive geniuses and buying up thousands of patents from other companies. Now Business Week has the scoop: "As his cash-rich firm snaps up thousands of patents, fears emerge that it will become a leader in litigation - not innovation..."
If somebody patented frivolous litigation, these guys would be screwed.
If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
Oh, and if you think putting something in the public domain prevents some company from patenting it, think again. Sun has a patent application on stuff I put into the public domain 3 years ago. People have suggested I write to the USPTO or something. Wake up! I don't make any money from open source and it's not me who's being impacted. It's the people who would use the open source software who would be affected and *they* need to do something if they want to use it. If the public doesn't want to protect their own rights, then the public be damned.
What's the difference between Apple or Microsoft plunging millions of dollars into R&D and then licensing their technology out to other companies? Isn't this exactly the same?
The lack of millions of dollars in R&D. This company is doing two things: 1) it buys up patents or cross licenses them from other companies or 2) just have people brainstorm ideas and patent them. There's no actual invention going on here. Invention requires coming up with an idea and making it work. The making it work part is the most important. What they are doing is screwing over those in the future who will make it work by patenting it now.
In my opinion, the law as it is is unfixable. The very structure of monopoly rights is inherently unbalanced and is an aberration in a free market, one whose costs are huge but unaccounted for, while the benefits in terms of innovation and rewards to actual inventors are dubious.
Redesign the system as stipend rights instead, conferring, in exchange for disclosure, the right to an actual monetary payout upon a certain level of use of the invention in question. That way the system is automatically balanced; with a standard government budget the costs are controllable (government spending tendencies aside), if too many 'patent stipends' are granted, the rewards for each shrink so all involved parties have an interest in only valid ones being granted. Companies would not need fear litigation; they could browse the patent databases as they please and just note which ones they include, combine and mix and match, etc. The litigation burden would go down; the inventor would not need to sue anyone for using their invention; the more the better, as their payout would increase.
Financing such a system isnt really that hard, once you accept that the current system isnt as 'free' as it seems, but is actually more or less equivalent to a taxation on new technology (which is _not_ a good thing, as it slows adoption rates even more). A flat 'innovation VAT' rate would be a large improvement, or even better, rates geared towards phasing out undesireable old technology. But above all, it should be accounted for, with measurable economic impact, not the current 'more or less years that does something or the other that we cant really tell to innovation and costs but you dont see it as it's in the price of goods and insurances'.