Q: What are the Counterarguments to Patent Protection?
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Counterarguments to Patent Protection
1. Prevents innovation
a. Tragedy of the anti-commons: Everyone patents a piece, nobody can put them together.
2. Computer science argument: We file patents defensively bc we’re afraid someone else will take the invention from us. Don’t want legal regime to be involved.
3. Many times it is clear that the party holding patent didn’t contribute anything to world. Came up with invention and leaned back to wait for somebody else to come up with it, and took their money.
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A: Dale B. Halling's Answer
Yes I am a patent attorney. A number of arguments have been advanced against the patent system, including those in the previous post. One argument against patents not discussed above is the Libertarian theory that intellectual property is not property. This theory states that property is based on premise of “Scarcity” and ideas are not subject to scarcity. For more information, from a contrary point of view see my posts Scarcity – Does it Prove Intellectual Property is Unjustified? http://hallingblog.com/2009/06/22/scarcity-–-does-it-prove-intellectual-property-is-unjustified/
Scarcity and Intellectual Property: Empirical Evidence for Invention http://hallingblog.com/2009/06/25/scarcity-and-intellectual-property-empirical-evidence-for-inventions/
Scarcity and Intellectual Property: Empirical Evidence of Adoption/Distribution of Technology http://hallingblog.com/2009/06/25/scarcity-and-intellectual-property-empirical-evidence-of-adoptiondistribution-of-technology/