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.”
Posner weighs in on patent, copyright law reform
Submitted by B. Janssen 2012-10-03 Legal 4 Comments
The page failed to load a couple of time for some reason, but in the end it was worth it: beautifully written article, which explains very clearly what the issues with modern IP law are.
I wish it made more concrete propositions about how patent law should be changed though. The follow-up posted by Becker on the same blog and on the same day is interesting in this regard, as it proposes the extreme solution of dropping patents on anything but a few products altogether, something which was already somewhat hinted at by Posner : http://www.becker-posner-blog.com/2012/09/reforming-the-patent-syst…
I personally wouldn’t agree with that, though, since the choice of “patentable” products would necessarily be quite arbitrary. It would be better, in my opinion, to have a weaker, but universal patent system, that doesn’t need to be tweaked for every new product that comes out.
Edited 2012-10-04 04:52 UTC