Patents are supposed to protect intellectual property and grant exclusive rights to an invention. According to WIPO, “A patent provides patent owners with protection for their inventions. Protection is granted for a limited period, generally 20 years.” Patents are supposed to encourage innovation by assuring people that if they come up with something, they can benefit from it without people just stealing the idea from them and leaving the inventor without anything. I think that patents are beneficial in they can encourage people to try to think of new ideas and invent new things. However, I think they they can hinder progress because I think that once someone invents something, if you allow the information to be free to anyone, someone new can take that invention and help build upon it. This isn’t possible with patents being protected for 20 years. Also, having the information be free would probably encourage more competition.
Jefferson said that, “If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it.” I agree with Jefferson in this and think this is one of the main reasons why patent law is so difficult. I’m a bit unsure as to whether or not I think patents should be granted, especially when I can so clearly see how they are hurting innovation and I admire people like Elon Musk for deciding to give up Tesla’s patents. What I am sure of is that they need to come up with a better way of giving patents because I do not think the system works well enough now since just by having a similarity, even if small and accidental, to something that is patented, inventors can get in trouble. I think that if patents are going to be given, there can also be some protection for software. However, I think they should take their time in thinking of how to do this because it is even more complicated that coming up with guidelines for patents of more tangible things.
The existence of patent trolls is evidence that the patent system is broken. This is because patent trolls are making it so that it is harder for people who have good ideas and actually deserve patents to get the patents, protect their ideas and be able to make their business or idea flourish. Patent trolls just take advantage of how difficult it is to tell what should be patented and what shouldn’t and they end up making money off of it. Also, a lot of times they make it so that inventions that could get out there and be potentially useful just don’t make it. Intellectual Ventures, as described in “When Patents Attack!” seems to be a good example of how patent trolls are taking advantage of what should be a system that helps innovation. I think patent trolls should be used to see where the weaknesses in patent law are and to better define what should and shouldn’t get patented.