Reading 13
According to the
readings, a patent is a set of exclusive rights given to an inventor for a
limited period of time in exchange for detailed public disclosure of their
invention. Patents are granted to applicants who have invented something new,
useful, and non-obvious. A patent does not give the right to make or sell an
invention, but rather gives the right to exclude others from making, using, or
selling for the term of the patents, usually twenty years.
Patents are intended
to prevent others from copying an invention or the wat in which that invention
is created. By disclosing all of the details behind an invention, patents
promote individuals to try to find more efficient and less costly ways of manufacturing
products. They also encourage innovation by granting the inventor with the sole
right to manufacture and sell their invention. If someone knows that they and anything
they might create is protected, they will be more willing and motivated to
innovate.
While patents do
provide legal protection against the copying of an inventor’s invention, there
are some negatives that must be considered. One thing that some may turn people
away from applying for a patent is the requirement to reveal the process of
producing the invention. Coca-Cola is famous for not having a patent for the
formula behind Coke. They have chosen to keep their formula a secret.
I believe that
patents are a good thing and that they should continue to be granted. Patents reward
individuals who are able to create something, new, useful, and non-obvious. By
doing so, patents motivate individuals to be the first to create something, and
for others to try to find better ways to create the same thing, or make
alternatives all together. This competition can help create choices in the market.
Without patents, I believe that there would be less innovation and that the progression
of society would ultimately take much longer.
I believe that
patents on software should be granted in addition to those on physical and
tangible artifacts. To my understanding, the process of creating a new piece of
software can be as involved as the process for creating something more
tangible. The reading states that “U.S. patent law excludes ‘abstract ideas,’
and this has been used to refuse some patients involving software.” To the
average individual, especial our ageing lawmakers, software may seem like an
abstract idea, however, I believe that it is not and that the same befits of offering
patents for tangible inventions can be seen by rewarding patents for software.
According to the
readings, “a patent troll uses patents as legal weapons, instead of actually
creating any new products or coming up with new ideas.” This is clearly an
issue as they take away the integrity of patents. Perhaps it is necessary for
there to be some sort of reform in the patents application or in the ability for
individuals to buy and sell patents. With any system, there will always be
those who try to exploit it. I do not believe that patent trolls create enough
of an issue that the administration of patents must be stopped.
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