What’s a patent? A patent is a document that gives an inventor exclusive rights to create the product that they invented. The main arguments in favor of patents are that that inventors deserve to own and be able to produce what they invent. Granting patents gives incentive for inventors to invent things. The argument is that if they don’t have exclusive rights to produce their invention they won’t invent things, because someone could just steal it and produce it at a lower cost and push them out of the market. Patents ensure that inventors are able to profit from the work they spent developing things.
Reading about the history of patents in software was really interesting. It’s not surprising that early on software couldn’t be patented. People didn’t really understand it. That’s honestly a major problem with laws about much of the tech industry. Courts and legislators have to make decisions about how things operate legally even when they have absolutely no understanding of the technology involved. Originally I was really pro-patents, because the arguments for them are straightforward and easy to understand and make sense, but listening to the podcast arguing against them really persuaded me. I think really highly of Elon Musk. I think he’s arguably the most innovative thinker alive right now. (or at least the most innovative person with a billion dollars to spend on stuff) So when he says that people shouldn’t use patents, I’m inclined to agree.
I don’t really think that software should be treated that differently than other things. At this point, software is a major field and programs are products just as much as tractors or whatever other physical things are. Not granting patents for software I think is a lack of understanding of the market and the development process.
That being said, I have sort of been convinced that we shouldn’t use patents altogether. The American people and American government are very opposed to monopolies. Early this year we talked about monopolies and the huge legal battles they can cause. Patents create monopolies. If the invention is significant enough, there could be potentially a whole market that one company owns and nobody else can touch because of patents. That seems bad to me. I also really buy the logic that getting rid of patents wouldn’t deter innovation (in most fields). In the software industry especially, the norm is to use other people’s code. It’s to collaborate and “steal” other people’s ideas and make them better. And I think that most of the time people don’t really get mad when someone else makes their software better. I think it encourages competition and promotes innovation.
There are industries, however, like in medicine, where patents still seem very valuable. I would hate to see funding taken away from drug research out of fear of not making money on it. The medical field is just a constant conflict of interest, because on one hand it’s about making people healthier and saving lives, but on the other hand, the companies need to make money for there to be the incentives to make it all happen. I liked the idea of shortening the length of patents, because I don’t think that would deter anyone from inventing or researching or innovating, but it would mitigate some of the monopolistic tendencies of the current patent structure.
When it comes to patent trolls, I respect the creativity to find a field where you can make money without producing a product or offering a service, but honestly they’re just assholes, and I do really think they prove that something has to be wrong with the current way patents are granted.