Monday, 3 September 2012

Should patents be abolished?

Although there is widespread distaste for the corporate battles revolving around patent litigation, opinions have been expressed that the main problem is the process of granting the patents in the first place.

But really, why not do away with patents?


 The vast majority of patents revolve around the innovative use of inventions. The key is in the derivation of invention, from the latin "invenire" meaning "to come upon"; Newton did not create gravity, it was already there; ditto Edison and electricity. Why should someone be  able to withhold from others the benefit of their invention, simply because they were first there?


further evidence that innovation does not rely on the capitalist ethos surely exists in the form of the world's universities, a breeding ground for new ideas thanks to postgrad research.

The capitalists among us will say that the patents are a reward for research, but surely recognition of being the discoverer is sufficient reward?  Einstein didn't discovery relativity to make megabucks, nor did Marie Curie with the discovery of radium. Of course they were individuals, not huge corporations with their sole raison d'etre being profits, the more obscene, the better. Even in the beginning , patents were merely a type of import license, a device to protect financial interests rather than award endeavour.

There is also some suggestion that patenting as a behaviour is a social behaviour, as per capita it is more intense in denser populations.

These days the patent system seems just another battlefield for the multinationals. Back in 2003 an MIT study of intellectual property and invention noted   “Most of the recent growth in the magnitude of patent filings has come from  one industrial sector: electronics, computing and communications. Much of  this movement is defensive, to trade portfolios among big players. ”. Seeing the Samsung vs Apple battles in 2012, it is hard not to conclude that the problem is getting worse.

To hell with them, and good riddance , say I - If a company can't gain financial advantage on the opposition simply by being first to implement any invention, why should they be allowed to hold others back? After all, you can't tell me that Apple spent billions of dollars inventing its "pinch to zoom". patent?  bah!

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