Missing The Point In The Debate Over Patents

from the fair-and-balanced dept

Over the past few years, the debate over patent reform has gotten louder, as there have been more and more cases demonstrating that the existing patent system is fundamentally broken. News.com has a "special report" up today that tries to look at the issue of patent holding companies who do nothing but try to license patents. In trying to present a "balanced" view, though, the article completely misses the point. It quotes the various supporters of patent holding companies (often referred to as "patent trolls") talking about how they're helping protect "the little guy" from big international companies that otherwise would profit off of their intellectual property. It sounds nice, but that's not what the problem really is all about. The patent system isn't designed to "protect the little guy." It's designed to promote innovation -- and that's what it needs to be judged on. Patents may make some sense in cases where a concept is truly unique and non-obvious -- but if others are coming up with the idea independently and are better able to bring it to market, then the patent holder is holding back innovation. The other companies didn't "steal" the idea, because they came up with it independently (suggesting that it wasn't unique enough to deserve patent protection anyway). And, as we've pointed out in the past, it's not the "invention" that's really that important, but the ability to successfully bring it to market that helps the economy grow. Unfortunately, the patent system is more designed to protect that "invention," but to impede the real innovations that help make a product successful in the market place. All of the points these patent holding firms are making would be a lot more valid if the patents they were holding onto and forcing everyone to license actually were unique, non-obvious ideas that others were really building off of. Instead, they're taking ideas that plenty of others are coming up with independently and making the real innovation more expensive.

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  1. icon
    Mike (profile), 21 Jul 2005 @ 8:58am

    Re: Patent reform

    Indeed. I agree that the patent system isn't about commercialization. I didn't mean to imply that I did. My point was that it *should* be.

    The problem is that it's not the ideas that move the economy forward, but the commercialization of ideas. So that's what we should be encouraging -- and the current patent system does not successfully do that.

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