by Mike Masnick

Filed Under:
china, incentives, innovation, patents

Patents Create Incentives For More Patents, Not Innovation

from the the-two-are-not-the-same dept

While many people (especially politicians and the press) like to equate patents and innovation (often falsely suggesting that fewer patents means less innovation), studies have shown that patents are actually a really bad proxy for innovation, in that there's simply no direct link between the two. And that's a problem, considering that the patent system is supposed to be about creating more incentives for innovation. In fact, however, it often appears that the patent system is actually creating incentives to get more patents.

If you want a clear example of this, just look to China. Just recently, we noted that patenting was on the rise by Chinese companies, but a closer look at what's happening in China suggests that it's very much about incentives to increase patents, rather than incentives for greater innovation. In fact, it's quite direct:
The Chinese government has created an ecosystem of incentives for its people to file patents.

Professors who do so are more likely to win tenure. Workers and students who file patents are more likely to earn a hukou (residence permit) to live in a desirable city. For some patents the government pays cash bonuses; for others it covers the substantial cost of filing. Corporate income tax can be cut from 25% to 15% for firms that file many patents. They are also more likely to win lucrative government contracts. Many companies therefore offer incentives to their employees to come up with patentable ideas.
And, as in the US at times, the incentives for the patent examiners is also skewed towards simply approving more patents (which has a snowball effect, in encouraging more people to file weaker and weaker patents):
The bureaucrats in Chinese patent offices are paid more if they approve more patents, say local lawyers. That must tempt them to say yes to ideas of dubious originality.
Incentives are funny things. If you actually believe that patents are correlated to innovation, then such strategies make sense. But if the reality is that patents are simply correlated to patents, then it's a huge dead weight loss to focus so much on patenting, rather than actual innovation.

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  1. identicon
    Anonymous Coward, 19 Oct 2010 @ 3:00pm

    Re: Royal Governors

    Wow, well, let me start by saying, kudos for studying! Keep that up and you'll get a gold star Mr.

    But, let me just highlight a few chapters you might have missed. The fact is, that many a patent attorney have said the same exact thing. In fact, I've yet to hear a lecture by anyone that's studied economics, that doesn't acknowledge the fact that monopolies are a hindrance to innovation. The reason we've had a technical boom (in the last 200 years, as you put it) is because the US disregarded the IP of old Brittan. You see, without the pile of innovation blocking patents (leases in ye ol') held by the King, we were able to start producing devices to machine parts were once too expensive, or even made unavailable to colonists, for fear of a revolution. Once those restraints were lifted, the manufacturing of factories, steam engines ( another of the kings patents BTW.).

    Anyway bla bla bla ... you're going to ignore the truth and continue to troll the web, pretending to be a teary eyed patriot who thinks he's under attack by some radical communist left wing organization who wants to undermine innovation in the US... as long as your paychecks don't bounce anyway.

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