From the readings, patents are an exclusive right granted for an invention – a product or process that provides a new way of doing something, or that offers a new technical solution to a problem. Patents offer protection to individuals for their inventions for a limited time period, usually 20 years. What this means is that an invention can not be commercially made, used, distributed or sold without the patent owner’s consent. The patent owner holds the right to decide who may or may not use the patented invention during the protected duration, after which the invention enters into the public domain. While the patent owner may give permission to, or license, other parties to use the invention, further selling their rights to someone else, the patent owner is required to publicly disclose information on their inventions. The readings indicate this is to enrich the total body of technical knowledge in the world.
The articles argue that the progress and well-being of humanity rest on its capacity to create and invent new works in the areas of technology and culture. How then, do we foster an environment that promotes such innovation? Some argue that patents provide the incentives needed to individuals by recognizing their creativity and offering the possibility of material reward for marketable inventions. It could be said that without patents, researchers and inventors would have little motivation to continue producing better and more efficient products for consumers. Another reason for granting patents, according to the readings, is that the legal protection of new creations encourages the commitment of additional resources for further innovation. Lastly, the government believes the promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life. Aside from these social and economical reasons, there are clearly underlying moral and ethical pushes. Seeing as it is illegal to go into your neighbor’s house and steal their TV – their property – why should intellectual property be treated different? After all, they are your thoughts, your ideas, and your solutions. If anything, I feel like stealing someone’s creation of mind is an even more intimate and uncomfortable crime. You are not only taking something that belongs to them, but something inside of them. Something internal and embedded in their being. Patents are a way to protect against this uneasy ethical situation.
Consistent with some of the reasons above, I do believe patents should be granted. I think patents are a great step to providing a legal foundation for innovation. Yet while they are certainly beneficial, I wouldn’t go so far as to say they are absolutely necessary. I believe the assumption that innovation would not sustain without patents is a bit aggressive, insinuating that we as people are solely invested in monetary gain. That we as a society look forward to nothing more than personal pride and success. I don’t doubt the thought, “what’s the point, someone will just steal my idea anyway” might cross a handful of people’s minds. But the point is to better our society as a whole; to work towards the common good. What if patents didn’t exist and someone found the cure for cancer. Would they withhold it because they were scared someone might steal it? I highly doubt it. Patents do provide increased incentive, but are not the be-all and end-all of innovation.
The second argument surrounding increased resource commitment I do buy. If someone were to show immense progress in a given field, without total domination, a patent would protect their work while still enhancing movement in that field. Their work could inspire others to commit additional effort into research or the like, without completely diminishing the legitimate authority of work of those before them.
It is clear that there are issues surrounding patents on software. Historically, courts have viewed programs as unpatentable mental steps. Later, they distinguished a mathematical algorithm – something unpatentable – from a system in which the computer or software interacted with other non-obvious elements to yield a useful, concrete and tangible result – something worth a patent. Yes, there is an obvious issue that the legal system doesn’t understand software and programming, and is thus incapable of constructing a defined solution to software patents. But beyond the fine print arguments in the articles, I struggle with the ethical approach to software patents. On the one hand, I put myself in the shoes of the inventor. High key I’d be pissed if someone ripped off my software and used it as their own. After all the blood, sweat and tears that is often poured into software innovation, I can’t envision the morality of someone being able to just swoop in and take all that was done. But on the other hand, I look at Elon Musk and the message he is sending through Tesla. He removed all patents as he believed they acted in a manner contrary to the company’s goal. We have talked about our community as computer scientists, striving to attract and motivate the world’s most talented engineers. We hope to promote progress and create better solutions for tomorrow. But often times these patents delimit this movement. I look back to the first week of class and the ACM Code of Ethics. Here we have one imperative, “Contribute to society and human well-being“. Scroll down and you find “Honor property rights including copyrights and patent.“ and “Give proper credit for intellectual property“. According to Musk we have some conflicting values here. The only way to respond to this, I believe, is to grant software patents where they are due, but reject them when they become an active hindrance to our mission to provide the best possible products and solutions for our customers: or in this case, the world.
The existence of patent trolls in the software industry is definitely evidence that the system is broken. According to the articles, patent trolls are companies who accumulate armloads of broad software patents and then sue people who infringe them by accident. They might patent obvious things related to interface, object orientation, algorithms, application extensions, or other crucial computing techniques. These trolls form an “impenetrable patent thicket”, making it impossible for other tech companies to write useful software without violating these patents. Trolls are essentially running a 20 year monopoly, taking profits from the other guys, and strangling innovation. The articles stipulated that inventors are spending more money defending themselves in court than they earn from patent royalties. If firms are constantly in fear of stepping on the bad guy’s toes and being sued for it, there is no way they will feel comfortable pursuing creative solutions. What’s even worse is that these patent trolls are mostly non-practicing entities. That meaning they have no products and no major source of income aside from patent licensing and lawsuits. So not only are they monopolizing basic, common intellect in the software industry, but they aren’t even doing anything with it themselves! After 40+ years of movement in court surrounding software patents, it is clear something new has to be done.