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>What can we actually do. How do we start fixing this problem? Do the hard grunt work of getting enough of a broad base of political support for Congress to en
by xoa 6y ago
>What can we actually do. How do we start fixing this problem?
Do the hard grunt work of getting enough of a broad base of political support for Congress to enact reform. Seriously, that's what it comes down to. And it's not some impossible thing even for a minority so long as it's focused. Precisely because majorities don't really pay much attention to such things and these days are fairly fixed, even a fraction of a percentage of the vote that always votes and will do so based on a single or very small set of issues can have an outsized impact.
In this case, the goal would probably be a few very targeted things. My nomination would be 1) Eliminate software and "business method" patents entirely, with the argument that software is already covered by copyright and vague ideas shouldn't be patentable, and 2) actually fund the USPTO to a much higher degree and give it more teeth so more patents can be taken down early.
I don't think it's an impossible dream. It's an issue that doesn't fit into typical polarization, since there are major business benefits both ways. There are easy outrageous examples of patents that will strike the average person as obviously wrong. It's something Congress can do without the slightest question. There will be economic interests against it, but there are ones for it as well. And the tide has been turning a bit on IP maximalism.
I've written my Senators at least, talking about some of the personal harms I've seen as a developer. I got replies. If nothing else, everyone should do that and not just post on the internet. They certainly are unlikely to immediately change their stances, but they absolutely pay attention to letters because so few write them. If they start seeing enough people concerned about an issue, they will if nothing else give it some much higher level attention. Unfortunately I don't know of any national advocacy/lobbying organizations devoted purely to patent reform. The EFF does some good work there, but they've got a wider umbrella of critical issues to fight as well. I donate what I can to them but it'd be nice if there was some place just for this too.
Still, I hope to see some progress in my lifetime on reigning them back in from when they were invented in court in the 80s.
- conanbatt 6y agoOr dont do patents at all.
- birdyrooster 6y agoPatents were made for a time before ubiquitous multinational corporations. If there are multiple sources of truth and markets for what is protected invention, then it greatly dilutes the power of that patent. This ends up hamstringing the countries most dependent on patenting to encourage innovation because we are still beholden to foreign interest who file their patents with the USPO or sell to an American troll. The US is the most fastidious in their preservation of patent law despite its many flaws and this is why we will lose out most in the global turning against protected invention.
- missedthecue 6y agoI believe you'll find that ubiquitous multinational corporations do indeed outdate the patent, by a couple hundred years.
- birdyrooster 6y agoUbiquitous as in many? or just a few colonizing the world?
- rswail 6y agoAll developing nations ignore international copyright, trademark, and patent IP rights. The US did it back in the late 19th century, other nations in the early 20th, Asian nations in the late 20th century. What is happening now is nothing new. China is now starting to enforce IP rights because as they move up the industry maturity scale, the rights become more important. IP rights only become relevant to developed nations, where manufacturing and other primary/secondary industries become less important than service industries. There is no "global turning against protected invention". There is "developing vs developed nations ongoing opposing interests".
- JamesBarney 6y agoYou still need patents. Healthcare is an obvious example, if we eliminated patents we'd have 0 new drugs pass FDA approval over the next decade. But software is very different from medical patents.
- mitchdoogle 6y agoWould you share what you wrote to your congressman?