US Tech Execs Favor Limiting Patent Damages

Discussion in 'Politics & Ethics of Technology' started by Geo, Mar 26, 2009.

  1. Geo

    Geo Mostly Harmless
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  2. 3dilettante

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    Perhaps a data point that there is no one-size-fits-all patent scheme that works in all fields?
     
  3. Geo

    Geo Mostly Harmless
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    Could be a workable compromise position. :)
     
  4. 3dilettante

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    I've been thinking about how to index patent penalties and protections based on the cost and risk associated with reasearching a patent.

    That would cover the objections pharmaceutical companies might have where they burn through so many compounds over the course of decades and take on massive expenses with no guarantee of a drug making it to market.

    It doesn't help with other fields that are faster moving, but have large research budgets.
    It's also no stretch of the imagination to imagine companies inflating their estimates of the sunk costs of invention to increase the possible payout of litigation on minor inventions.

    I think Ars had a link to an article where researchers tried some kind of market-based scheme with patent groups that somehow arbitrated between IP holders in markets like electronics where it's virtually impossible to do anything that likely hasn't had some fraction of itself patented by somebody.
    I'll have to track it down.
     
  5. hoom

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    Patents should be abolished outright.
    They are an unnecessary hindrance to free trade, competition & natural market forces.

    If that argument can be used to stop countries from making barriers that favour their local companies/economy (& it has been for the last 20 odd years or more), it is at least equally valid in respect of patents.
     
  6. 3dilettante

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    Medieval trade guilds are an improvement?

    How does one make up the costs of researching an invention when the instant it's out on the market everyone and their mother can copy the design risk-free?
     
  7. Simon F

    Simon F Tea maker
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    And are you also in favour of freely copying every DVD/CD that comes out as well?
     
  8. epicstruggle

    epicstruggle Passenger on Serenity
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    What would the incentive be for a drug company to spend hundreds of millions of dollars on research, if they wont have protection on their investment?
     
  9. green.pixel

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  10. Chris123234

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    Fixed
     
  11. TheAlSpark

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    Yes, but it's not fair to rule out the R&D as such ;).

    Unfortunately, trials are not inexpensive, and the cost can indeed soar to billions... The sooner they get the drug to market, the more time they have in order to recover those costs before the patents expire (and at best, not that much more than 5 years by the time everything is ready). Once those 20 years are up, generic companies sweep in with the extremely low market prices and they didn't have to spend a dime on research. At the end of the day, the generic producers have near zero risk.
     
  12. Chris123234

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    So make it government funded. Create a group like the U.N. that actually exists to help the world (instead of trying to pretend to be some sort of sissy world police group) and who's sole purpose is to fund research. We've probably spent enough just on the Iraq war to have funded the research of every drug ever made, all by ourselves.

    I don't believe things as important as medical drugs should be left in the hands of for profit companies.
     
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