FROM
THE EDITOR
John Lennon once asked us to "Imagine" a world without many of the things that are fait accompli in our daily lives. Postulating the non-existence of such things as religion, material possesions, and countries, he painted a picture of a better world. As engineers, patents are a part of daily life for most of us. We've come to accept them as pill-and-poison of our problem-solving existence. This week, we have a controversial guest opinion article that proposes doing away with the idea of patents. Heresy? Fantasy? Common sense? Read it and let us know what you think. Journal Forums is open for business!
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Kevin
Morris – Editor in Chief
Techfocus Media, Inc.
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Let’s Abolish All Patents
by R.H. Brooklands
“The first thing we do, let’s kill all the (patent) lawyers.” – William Shakespeare: Henry the Sixth, Part 2, Act IV, Scene II (sort of)
Where would our industry be without patents? Indeed, what kind of world would we live in if there were no patents or patent rights?
It would be a better place, that’s what.
It’s an idea worth exploring, if for no other reason than to inject some much-needed sanity into the current climate of patent trolling, erratic judicial rulings, laughably trivial “innovations,” ridiculous business plans, the chilling climate of IP litigation, and arbitrary definitions of what constitutes intellectual property. Growing up, we were taught that patents encourage innovation and protect inventors, but just the opposite is true. Far from being helpful, patents actually stifle invention, thwart competition, foster inferior products, and unjustly reward the mighty while enriching their lawyers. The time for patents has come to an end.
There are many fundamental problems with patents. First of all, patents are exclusionary. They don’t enable innovation; they prevent it. Second, patents create a winner-take-all mentality that’s neither fair nor useful; it’s also not enforceable. Patents have created an entitlement mentality where patent holders think all the money is theirs. They’re anti-competitive. Patents also reward idleness and prevent useful products from reaching the market. Patents cut off avenues of exploration and innovation. Patent laws, fines, and damages are imposed capriciously. And finally, patents are neither normal nor necessary. We’re merely accustomed to them – but that doesn’t make them a good thing.
1. Patents Are Exclusionary
Inventions improve products. Patents prevent those inventions from spreading and benefiting more products. Patent laws stand in the way of progress; they don’t encourage it.
Imagine if only Ford cars had steering wheels, only Toyotas had brake pedals, and only Volvos had forward-facing seats. What if the “user interface” was different on every car? Thankfully, none of these innovations was patented, and so they became widespread to the point of becoming standards. But it might have worked out differently. What if steering wheels were patented and only the patent holder could put steering wheels in their cars? [more]
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