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MAD doesn't help them

Anyone can patent an abstract idea without implementation, not just Google's competitors. So it doesn't stop the patent landmine companies either and has the negative effect of blocking new innovative entrants into the market.

I've made the following argument on my own blog, Slashdot, and now here:

You have no natural exclusive claim to an idea just because you had it. I can open a chocolate shop in Alphabet street and just because I'm the first person to have the idea of doing that, doesn't mean I can stop other people opening a chocolate shop on alphabet street. Many people can have the same idea independantly, each has the same an equal moral claim to the idea.

Patents were to cover a very special case:
The case where to develop the idea to a working invention would cost a lot of money, but the cost to copy it was low and so there would be no way to recoup the development costs. For example, you invest in a drug, spend 10 years getting it approved then release it only to have it copied within a year. You've borne 10 years worth of development and testing costs, and the copiers haven't and you only had 1 year of sales to try to recover that cost.
It that situation wasn't corrected, then nobody would develop new drugs because there would be a net loss of each development no matter how clever they are.

Patents are not because there is some sort of 'moral right' to an exclusive use of an idea.

It's a real pity the patent system has been twisted to cover abstract ideas like business processes, software algorithms etc.,

Posted by: Nigel Johnstone   Posted on: 11/10/05 You are currently: a Guest | Members login | Terms of Use

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