Reading 13: Patents
A patent is an exclusive right granted for an invention that provides the patent owner with a period of protection in exchange for detailed public disclosure of the invention. In other words, according to the first article on patent trolls, “it is simple: in exchange for dedicating a novel invention to society, along with a clear explanation of how to practice that invention, a patent applicant gets a 20-year monopoly” on their invention where they alone have the right to decide who may use the patented invention for the period during which it is protected. There are a couple reasons why patents are issued today: First, patents provide an incentive for inventors by recognizing their innovation and offering the possibility of reward for their inventions, as they alone have the rights to sell or license out their inventions. This incentive leads to better innovation over time, leading to the enhancement of human life. Second, it makes sense that the inventor of a new product should have exclusive rights to that product, at least for a certain period, rather than allowing others to be able to steal the idea, and a patent achieves this exactly.
Personally, I do believe patents should be granted. I think they are beneficial to society because I really do believe that they provide an incentive for innovation and lead to a higher quality of human life. There are obviously a lot of people out there who would innovate simply for the sake of innovation and benefiting society, but they are the clear minority, as I can confidently say that most people want to be rewarded for their efforts. Patents provide an avenue for inventors to truly claim these rewards by being given exclusive rights to their inventions. However, I will say that the way patents are issued right now is pretty flawed. Patents can be filed for the smallest inventions or broadest ideas, and I believe these patents lead to more harm then good, as they either stifle inventions that are not necessarily the same or lead to costly lawsuits. I also believe that the protection period for patents is too long and should be shortened to about 5 years rather than 20.
I do not believe that software should be excluded from patent protection, as software is still “a solution to a specific technological problem and is a product or a process.” But I do believe that software patents should be very specific regarding what technology they are protecting. For example, if I were to try to invent my own version of Netflix because I thought I could improve on its functionality or user interface, I should be allowed to do that. However, if they invented their own algorithm for new show or movie recommendations, I think there should be come kind of protection against me copy and pasting their algorithm.
The existence of patent trolls is evidence that the patent system is flawed, but I don’t think it’s broken. Patent trolls embody everything that is currently wrong with the system, where the trolls can just buy up patents from companies that are down on their luck and profit from companies that are legitimately trying to innovate by licensing inventions that they had no part in creating. As I said earlier, I believe patents are beneficial and do incentivize inventors, but if a company is able to gather up patents and profit without doing any inventive work (and even worse, at the expense of companies that are trying to innovate), then the patent system needs to be changed to prevent such things as this from happening.
