Linked by Thom Holwerda on Wed 3rd Oct 2012 23:50 UTC, submitted by B. Janssen
Legal Well known judge Richard Posner scores another home run. "I am concerned that both patent and copyright protection, though particularly the former, may be excessive. To evaluate optimal patent protection for an invention, one has to consider both the cost of inventing and the cost of copying; the higher the ratio of the former to the latter, the greater the optimal patent protection for the inventor."
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RE: Good read !
by Brendan on Thu 4th Oct 2012 05:40 UTC in reply to "Good read !"
Brendan
Member since:
2005-11-16

You could just amend the current system so that patent duration depends on effort spent researching the invention. An invention that took a massive amount of time and money (pharmaceuticals) gets a patent that takes a relatively long time to expire (e.g. 20 years), and inventions where a script kiddie could figure it out in 10 minutes get patents that expire in less time than it takes for them to be granted.

You could even simplify this - have a different patent duration for each industry that reflects the average cost of developing inventions in that industry. For software the average cost of developing an invention is approximately the same as the cost of 3 phone calls (to find a uni student who's looking for a thesis subject) and a carton/box of beer. ;)

- Brendan

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