Specific Effects of Software Patents:

let us consider the particular case of software patents.

As a computer professional, I can certify that innovation is never atomic in the computer industry. On the contrary, computer software constantly and crucially depends on the ability to freely and quickly reuse, combine and evolve previous techniques.

In the age of interconnected computers, software plays an essential and ubiquitous role in the way computers, people, businesses, countries, etc., communicate with each other. Industrial property on software thus leads to monopoly lock-ins in the way people communicate. To computer professionals, software patents are as dreadful as if someone had patents on part of the English language (or whichever language they use). It prevents not only innovation, but the use of computers at all, and leads to proprietary systems from big monopolies that few can use, and that no one can innovate upon.

Patents induce such a technological stagnation in the computer industry that it is almost visible. Software engineers constantly curse the way they must conform to proprietary protocols that are not well documented (if at all), misdesigned (often with gross mistakes that peer review would have immediately eliminated), that they cannot improve upon, that exist in a wealth of gratuitously incompatible variants, and with which they must stay compatible for decades and decades. The field of computer development is thus filled with junk, that accumulates with time, and that no one has the right to clean, least he becomes incompatible with the others. Every patent on a successful software program or technique is an obstacle to the whole industry, that remains until it expires; even the holder, when he wants to improve his previous technique, finds himself faced with the inertia of a whole industry that adapted to his own junk, contorting either to interface to it, or to work around it.

Thus, the specific effect of patents in the software industry is to make software development and computer communication slower, more complex, more expensive. The amount of money, computer hardware, developer time, user time, etc., that is wasted and could be saved by removing protectionist barriers is so insanely high as to give vertigo to anyone.


Macroeconomic Effects of Patents

The essence of a Patent is a de jure monopoly: a total control on all activities related to some technique, device, or whatever is subject to the patent: use of a technique, experimentation with it, enhancement to it, technical support about it, etc. Such monopoly does not reside in a natural unability of other people to produce the same services without causing harm to someone. On the contrary it consists in a state-enforced prohibition for others to carry out activities in which they could otherwise engage most legitimately, without harming anyone, for the benefit of all concerned.

Such monopolies are not natural property: they are privileges granted by governments to a first claimer under the pretense of promoting creation of new techniques. Nobody can deny that patents are a privilege, rather than natural property. The US constitution, Article I, Section 8, Clause 8, makes it explicit: "The Congress shall have power [...] To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; [...]". The State grants a time-limited privilege in as much as it hopes that this privilege will foster innovation. Thomas Jefferson, who co-originated this section of the US constitution, clearly explains it in some letters of his correspondance.

Even disregarding the authority of the US founding fathers, it is clear that these monopolies are not legitimate property of patent holders: indeed, even the most extended patent laws acknowledge that freedom must ultimately (after a number of years) be returned to the public to freely use the patented technology. Legitimate property would last forever, whereas patents last for a mostly arbitrary number of years that changes depending on the country, the date, and the whim of the legislator (and on the growing influence of patent lobbies on governments).

Patents are a privilege, the cost of which is borne by the public. Any economic account of patents that displays their alleged benefits without even considering their cost is a shameful lie; it is a disgrace that most people (and most legislators, too) are so easily fooled by the omnipresent protectionist propaganda of patent lobbies.

Republished article from TT Consultants
he internet and technology world keeps getting interesting with known companies filing weird and awkward patents and introducing new applications. Today it was revealed by a popular website Patently Apple that the company has filed a patent for a stylus known as the iPen. This new stylus features a vibrating feedback for users who use it. The feedback occurs on how you press the pen and how fast you handle it. The vibration is there to let you know if you are doing things alright. The patent in question was actually filed in 2010, but it was revealed to the public today. Apple fans shouldn’t get excited though because the company is known to file patents and never actually produce the device.
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If you think that’s all you are mistaken, as Google has also been working on new stuff. Today the software giant released a number of different video clips recorded through its new Project glasses. These new augmented reality glasses allow users to interact with their smartphone interface in the real world. The glasses also have a small camera preinstalled on them which can record videos or take snapshots. The video released today was a recording done by an anonymous Googler that showed the world the power of the little camera that is attached to the device.

Source
Patent News






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