• Dsklnsadog@lemmy.dbzer0.com
    link
    fedilink
    arrow-up
    0
    ·
    22 days ago

    That argument proves the problem is scale and market power, not lack of patents.

    Giving everyone a legal weapon sounds fair in theory, but in practice the biggest companies have the best lawyers, the biggest patent portfolios, and the most money to litigate. Patents often become a moat for incumbents, not a shield for small inventors.

    A pro-market answer would be: reduce barriers to entry, punish fraud, enforce contracts, maybe protect trade secrets narrowly, but don’t ban competitors from building better versions.

    • Soapbox@lemmy.zip
      link
      fedilink
      English
      arrow-up
      0
      ·
      22 days ago

      I still think the patents need limitations.

      1 year limit if not actively being used for a product in production.

      10yr total limit.

      Something like a video game mechanic should be limited to 2 years from first use.

      Patents should be a limited way to protect and support innovation. Patent hoarding needs to be stopped.

      Drug patents should have same limitations unless its something the government deems too critical, and then the company should be reimbursed for their research costs and the patent killed.

      • Dsklnsadog@lemmy.dbzer0.com
        link
        fedilink
        arrow-up
        0
        ·
        22 days ago

        Your proposal is definitely less bad than the current system, but it still assumes innovation needs a government referee deciding who gets exclusivity, for how long, and when taxpayers should compensate private research.

        That’s the part I can’t get behind.

        If the product is not commercially viable without monopoly protection or public reimbursement, maybe the business model is the issue. And if the government reimburses the company, that just means society absorbs the risk while the company keeps the upside.

        Who decides the reimbursement amount? Who pays for failed research? Taxpayers? Competing companies? Consumers?

        Private companies should be rewarded by the market when they create value, not guaranteed protection from competition and then reimbursed when the state decides the invention is important.

        Shorter patents reduce the damage, but they don’t remove the contradiction: a “limited monopoly” is still a monopoly.