Universities Patenting More Student Ideas
theodp writes "Working as a NASA intern, grad student Erez Lieberman had a eureka moment, resulting in an algorithm that detects whether a person is standing correctly or is off balance. Unfortunately, MIT liked it so much they decided to patent it. Seeking permission to use his own idea for his iShoe startup, which develops products like insoles to address the problems of seniors, Lieberman was told no problem — as long as he promised a hefty royalty and forked over a $75,000 upfront payment. Whether or not students are aware of it, the NYTimes reports that most universities own inventions created by students that were developed using a 'significant' amount of schools resources. Colleges and universities once obtained fewer than 250 patents a year, but that was before the Bayh-Dole Act gave them ownership of inventions developed through federally financed research. Now they acquire about 3,000 a year, and in 2006 licensing fees and equity in spinoff companies totaled at least $45B — research powerhouses like Stanford and NYU pocketed $61M and $157M, respectively."
So, here we have yet more patents doing a bang-up job of protecting the rights and interests of the actual inventors, which we were indoctrinated to believe is the purpose of the patent system, eh? Do you suppose we were told a lie?
This is nothing new. Walt Disney was able to patent Mickey Mouse many decades ago even though the character was a blatant ripoff of a physical toy (which had already been trademarked or patented, can't recall which).
The patent system does nothing to protect the rights of actual inventors, nor does it encourage invention. NOT having the safety net of a patent is a much stronger motivation to keep inventing than having one.