Saturday, January 24, 2009

More reasons to hate our patent system

As anyone with a lick of knowledge realizes, patent battles are costing human lives because the rule of the game now is to build a wall of patents around any and every scientific discovery these days:

http://news.bbc.co.uk/2/hi/science/nature/7632318.stm

So if you'd like to see an AIDS vaccine, or a cure for cancer, it's time to either reform the patent system or nuke it away completely.

A friend of mine, Tom Carmona, has suggested that there be a central patent licensing clearinghouse in this country, a sort of Christie's auction house specifically for patents. Furthermore, he believes all new patents should by default be listed on this exchange, unless the patentee opts out (NOT opts in). If the patentee opts out, there should be a time limit (3 years?) for them to either begin production, find a licensee themselves, or initiate required government approval (if it's a pharmaceutical). Otherwise, the patent then goes back to the exchange for auction. There would be daily public announcement of patents to be auctioned in the future (say a month later). All potential buyers would be vetted financially and screened for conflict of interest, just like in any professional auction.

I agree with Tom's idea, although it doesn't quite go far enough. We, as a society, should allow innovators to profit from their ideas. But we should not allow people to block access to markets just because it will self-enrich them. This sort of government enforced destruction of free markets is financially, socially, and morally wrong and corrosive.

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