The age of the Internet: out of patent protectionA few days ago, two United States Economist at the Federal Reserve Bank of St Louis issued a document criticizing the patent system that "no evidence" shows that the patent system innovation and instead have a negative impact, and recommended that it be abolished. Over the years, the patent system is a "double-edged sword", which is credited with in protecting the interests of the inventor, but once that bed, became a monopoly, which in turn is not conducive to adequate competition in the market, as well as product updates and new technology is born; emphasizes open, sharing in the Internet era, was contrary to the purpose of the patent system.
today, the patent system is really showing negative effects of innovation? Is it possible to replace it with a new system?
"invisible into" expensive new technology, patent protected, make commercial interests. At first glance, the patent system is to protect inventors "lucrative" of a good thing. But closer inspection, nothing is ever that simple.
many experts believe that with the increasingly frequent patent litigation, behind the economy are huge. In 2010, the United States District Court patent litigation cases handled up to 3260, twice times more than 20 years ago. Follow enterprises for the purposes of patent litigation costs soared. Two professors at Boston University found that in the area of software and electronic product, funds for research and development, 20% is redirected into a patent lawsuit – the so-called "royalties", "patent taxes" may have been more than $ 50 billion. People cannot help but ask these costs does not produce any practical value, why were they not in research and development, creating some new product out of it?
patents into the deep pockets the weapon in the hands of large companies, even if that is not the case, they can also be charged with infringement of a small company of some new products, so that the latter are the high costs and lengthy litigation cycle down, the last was successfully acquired by big companies. Before the patent system should be "equal", now seems to be the "rich" of the game.
patents and innovation related much more "deadly" is that the patent and innovation of the correlation is less tight than is imagined.
2010 Microsoft in United States patented 3094, ranking 3rd Apple 563, ranked just 46. However, flourish in the global market is precisely during this period Apple, not Microsoft. Android is worse, with only 600 patents in two years accounted for nearly half of the Smartphone market. Examples of Apple and Google, and innovation the definition of high and low, of the number of patents does not say too many questions.
compared with innovation, patents, and more closely related to capital. Google buys Motorola mobility, fancy is 17000 and 7500 patent pending patent. United States scholars argue that patents are becoming a marketable commodity, as the core of the technology, whether there is a significant innovation and value, still corners of "chicken rib", few people care about.
when the patent and innovation go further, patents can play a role in protecting innovation? Or, do we still need a form of protection?
System abolition is the marketing choice for Western scholars put forward proposals to abolish the patent system and intellectual property protection Association Shanghai xuhui district, Deputy Secretary-General Yu Xiaojing attitude more objectively. In her view, the patent system from its birth, and with enterprises as the main body of fully competitive markets are closely linked, so they decided their abolition, only market, rather than the scholar's opinion. As long as the market needs a system to protect and restrict innovation, the patent system are needed. Take a step back, even if the patent system was abolished, and must also have a set of "rules of the game" play a similar role. Whether the new rules are better than hundreds of years of history of the patent system? So far, there is no such alternative.
Yu Xiaojing also believes that there is room for improvement of the existing patent system. Shanghai large State intellectual property agency where she often software company's patent applications, litigation, due to software innovations are reflected in improvement of the processes, methods, and this is the invisible touch of, so applications and human rights defenders encountered many different constraints. As another example, with the development of modern service industry, innovative business models to protect the increasingly strong, but excessive dominance appears. These issues are within the framework of the existing system fine-tuning. BACK