From the readings, what exactly are patents? What are the ethical, moral, economic, or social reasons for granting patents?
- In your opinion, should patents be granted at all? Are they really necessary or beneficial for society? Do the promote innovation or do they hinder it? Explain.
- Additionally, should patents on software be granted or should patents be restricted to physical or more tangible artifacts? Explain.
- Finally, is the existence of patent trolls evidence that the patent system is working or that the system is broken? Explain.
A patent is a way for someone to get the right to, for a set period, to an invention or a technology. Patents exist so that people are incentivised to make new inventions without other people stealing their ideas and gaining something from it. This is basically the moral, ethical and economic reason for granting patents. You don't want others stealing your ideas and benefitting from them leaving you behind in the dust. They allow for innovators to tribe and promote innovation.
In my opinion, patents are necessary for innovation to an extent. There is a fine line for when patents promote innovation and when they just cause a monopoly. In one hand, no one would work towards coming up with something revolutionary if their ideas could just be picked up and stolen by a competitor with more resources available to them. Yet, if someone is able to get a 20 year patent on an innovation or technology, they have a monopoly on this. They can control prices, regulate trade and dominate the market. This hinders innovation. Elon Musk seems to agree with the idea that there should be no patent. "Elon Musk, the company's CEO said he isn't really into patents — and, he said, he thinks giving them up is best for everybody." He only did this after basically establishing the number one brand in electric cars. If he had been lagging behind on this raise, I think he would have preferred to keep the patents. A patent shouldn't be placed on something that is very general. Often the most innovative ideas build upon older ones. I agree that there are some technologies that should be patented, but there are also inventions that have so much potential for growth that we should also consider letting others use it.
As far as patents on software vs physical products go, I don't really think there is much of a difference. Both physical and software based innovations stem from an idea that is unique. Often, people build upon these ideas to create new products. Though I agree that the line between something that could be patented is a bit blurrier with software, I still think that both should be liable under patent laws.
Then there is also evidence of a broken patent system. There are "patent trolls" around looking to exploit this system and make money using the patent legal system. "In October 2017, Apple was also ordered to pay over $439 million as its "VPN on Demand" feature and FaceTime were determined to violate VirnetX's patents." Even big companies like Apple are vulnerable to these patent trolls. These "trolls" are companies or individuals that seek to make money by suing companies over patents. They use "patents as legal weapons". A big red flag that the patent system is broken is that often the "Patent Office has a habit of issuing patents for ideas that are neither new nor revolutionary, and these patents can be very broad, covering everyday or commonsense types of computing". These patents allow for patent trolls to exploit the system and can cause companies to go bankrupt and unable to come up with new products. This type of troll was seen in the show Silicon Valley as well. Often it is easier for companies to just settle and pay money than to fight these trolls in court. Regardless, the patent system does what it was intended to do for the most part.