Re:Patent application by USC: Fasting condition as dietary t...
by TaylorAlexander on Friday November 18, 2016 @11:06AM
(#12987676)
So I'm not really interested in adding more rules. If anything I think shorter patent terms would be worth checking out. 5-10 years maybe.
There are various safeguards in the law that make this trade more appealing to the public. Since the monopoly rights are so strong (there is no "fair use", for example), there is a high level of scrutiny before granting them. And there are high standards that must be met ("subject-matter eligibility", "novelty", "non-obviousness", "definiteness", "enablement"). And even after a patent is granted, it is contestable (but, litigation is expensive). The big safeguard is that patents are limited to a term of 20 years (in the U.S.) and after that the invention is dedicated to the public.
I am pretty sure that the 20 year term is non-ideal. For some types of inventions (e.g., those requiring only a small investment of time or money to innovate) society may be granting inventors too long of a term. For other types of inventions, the term may be too short (e.g., where an innovation required a huge amount of investment). As you pointed out, the effects on society are hard to calculate.
Because the rules are "one size fits all", I am pretty sure we don't have an ideal system. However, I don't know if adding more rules would make the system better or worse. At least interested parties can petition for changes either through the courts or through the legislatures.