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Re:USPTO likely to adopt 'peer-to-patent' (Feb 2010) by JabavuAdams on Tuesday October 12, 2010 @01:06PM (#1784065)
I finally realized the other day what I think is the core miscommunication between the pro-patent and anti-patent camps.

Patents stifle innovation when capital costs are low to 0.

If I can build something fun (and potentially commercializable) for $50 dollars + my time, then there's no way I'm going to spend multiple (ten) thousands of dollars to license someone's patent. The innovation dies right there.

Yeah, these monopolies make sense if I have to set up a plant, or do years of research, but that's not true in software anymore.

There's another factor at work. Creative types can't help but make things. They don't necessarily need a financial incentive to make stuff, nor would they want to get bogged down in those details. They make stuff because it's fun to do, and they have some (un)reasonable expectation of commercializing some projects.

Great engineers make stuff even when no one is paying them. They can't help it.

Re:USPTO likely to adopt 'peer-to-patent' (Feb 2010) by tbrownaw on Tuesday October 12, 2010 @06:07PM (#1785179)
In theory they should make sense if

    * copycats would have significantly lower costs without
      any offsetting disadvantages, and
    * what's being patented would not be independently
      re-discovered before the patent's expiration
In practice neither happens: copycats tend to be comparatively incompetent, and simultaneous inventions is more the rule than the exception.

I think the core disconnect is whether those two points are taken as true or false: you get the imagery of some lone heroic inventor being always crushed by some conglomerate that patents could save him from; a more accurate version would be a bunch of small businesses that keep doing cool things at more-or-less the same time which the conglomerates pick up on after a year or two, and nobody has the concept of going broke on legal fees arguing over who's allowed to do what.

> Yeah, these monopolies make sense if I have to set up a plant, or do years of research, but that's not true in software anymore.

The hard part of software is figuring out what to do, reimplementing a program is easy (thus the prevalence of programs that are "clones" of other programs). If patents actually worked, I think software would probably be a nearly-ideal example.

Re:USPTO likely to adopt 'peer-to-patent' (Feb 2010) by kiba on Tuesday October 12, 2010 @04:50PM (#1784887)
My reading of economic history, thus far, has suggested that patents cannot be justified. Even steam engine patents could not stand the test of empirical evidence.

I cannot yield to your economic reasoning, as I already reject it.

I will be happy though, to read more economic history and dig into it more, as soon it somehow fit into my budget and time.

Re:USPTO likely to adopt 'peer-to-patent' (Feb 2010) by SkyMarshal on Tuesday October 12, 2010 @07:35PM (#1785425)
C'mon man throw us a bone here. What exactly did 'your reading of economic history' teach you? Why can't patents, even the steam engine one, be justified? What test of empirical evidence? Why do you already reject his reasoning? Why do you need to read and dig more if you're already decided on the issue?
Re:USPTO likely to adopt 'peer-to-patent' (Feb 2010) by kiba on Tuesday October 12, 2010 @08:41PM (#1785571)
C'mon man throw us a bone here. What exactly did 'your reading of economic history' teach you? Why can't patents, even the steam engine one, be justified?

Patents will not increase innovation, and they shift activities from secret invention to invention whom designs are easily reverse engineered.

When the industrial revolution was in full swing in England, there were many steam engine inventors that were working on it, but they keep getting in the ways of each other. Instead, inventors, especially James Watt, ligate rather than improve or manufacture their design. Since their work are built on each other, steam engine tech proceed much more slowly. After the repeal of Watt's patents, engine production increased dramatically.

Why do you already reject his reasoning?

His reasoning is flawed based on the fact of taking into account only capital cost, but the cost of using humans to develop it. The cost of development has to exceed the cost of duplication. Therefore, it does make not sense that patents are useful in more capital enterprises because the relative costs of development versus production are similar.This is my economic reasoning.

On empirical evidence, his reasoning does not simply match. Moreover, invention and inventing are not the begin and end process of innovation. Innovation is much broader than that. It is also about marketing, finding out people need certain products and so on. Inventions, by themselves are useless without entrepreneurs turning it into a business. If there are only one entrepreneur for one inventions, than it might just fail in the marketplace. What if the inventions satisfy no needs? The process will simply be slower, be plagued with ligation and so on.

Big companies do not alway win, nor are they able to copy everything with efficiency, and nor do they recognize all business opportunities.

Why do you need to read and dig more if you're already decided on the issue?

As much as I am sure of what I believe in, I taken the maxim "When you meet Buddha, you kill him" seriously. My position on intellectual property is very strong, thus it will be a continuous target of refutation. If my arguments are well supported, but in fact wrong, than there is no one to convince me that in fact, I was wrong.

Though, the more I read, the more I am convinced on my positions that we should go ahead and abolish the system altogether.

Re:USPTO likely to adopt 'peer-to-patent' (Feb 2010) by zacharypinter on Tuesday October 12, 2010 @01:49PM (#1784226)
That's a very interesting point.

It'd be fun to think about how one could architect a patent system where the duration and scope of a patent is based on the capital costs that went into developing it as well as the capital costs required for a clean room implementation (still seems silly that a patent can affect somebody else from coming up with the same idea independently).

Re:USPTO likely to adopt 'peer-to-patent' (Feb 2010) by brlewis on Tuesday October 12, 2010 @02:26PM (#1784349)
Exactly. Incentives are what the patent system is all about. More on this here: http://news.ycombinator.com/item?id=1724264
Re:USPTO likely to adopt 'peer-to-patent' (Feb 2010) by kiba on Tuesday October 12, 2010 @04:43PM (#1784859)
Wrong. It was the official justification when the patent system was established in the United States.

People have discussed if natural rights applied to patent rights. Some argued not so, and some thought so. This has been going on since the age of enlightenment.

Re:USPTO likely to adopt 'peer-to-patent' (Feb 2010) by brlewis on Tuesday October 12, 2010 @04:56PM (#1784922)
Sorry, yes, I did mean the US patent system allowed by the US constitution. There are certainly valid discussions of the concept of patents outside this context.