I wrote much of this as a comment on Fred Wilson’s AVC post about the concept of Open Science. Most of the AVC community is largely against patents, and there have been so many abuses of the patent system, that’s understandable.
But there’s a key distinction between patents for concepts and patents for real, non-obvious scientific breakthroughs that enable us to do things we’ve never been able to do before.
Patents on concepts – like one-click ordering, or tabs in a spreadsheet, or using two fingers to navigate a phone, or inviting people to a meeting – are just utterly absurd. They should be abolished and all of those patents should be nullified immediately.
But let’s say that you invented the first-ever capacitive touch screen. It’s amazingly responsive and better than any touch screen technology out there. You file a patent, which requires you to publicly explain that if you put A+B+C+D together in this way, you get this result.
In exchange for publishing that out to the world, you get a patent that allows you to monetize your invention. That’s only fair. You invented it.
You could have kept it a secret and not shared the details of A+B+C+D with the world. You’d have the risk that someone else could reverse engineer and figure out the formula, but that’s a huge investment on their part, so it’s a decent risk. Prior to the patent system, many inventors just kept their work a secret.
Because of the patent, every other inventor now knows about the formula. Which means that another inventor can come along, build an even better capacitive touch screen that uses A+B+C+E, and they owe zero royalties to the first patentholder. (The only way the first inventor can sue the second inventor is if the second formula is A+B+C+D+E.)
A fairly administered patent system is the greatest platform for open science we’ve ever seen. It desperately needs reform so we can stop giving Apple patents for the idea of using your fingers.
(Which, by the way, God originally had the patent for, but thankfully for Apple, it has since expired.)