From the readings, specifically “WIPO – What is IP?”, I have found some of the basic information about patents. I learned that a patent is an exclusive right that is granted for an invention- a product or process that provides a new way of doing something, or that offers a new technical solution to a problem. The idea of the patent is to provide innovators and inventors of these processes protection for their invention. Patents only last for a limited time period. In return for the patent protection, all patent owners are obliged to publicly disclose the information or technical knowledge on this advancement so that it can produce further innovation from others in the future.
I think it is interesting to take Tesla as case study for thinking about the importance of patents. It has now been almost two years since they have released all of their patents. In the article, “All Our Patent Are Belong To You” it explains why they did that:
Tesla Motors was created to accelerate the advent of sustainable transport. If we clear a path to the creation of compelling electric vehicles, but then lay intellectual property landmines behind us to inhibit others, we are acting in a manner contrary to that goal. Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology.
The idea behind it is that there should not be restrictions to advancing the field in electric vehicles. This makes a lot of sense to me because the goal of the company is to completely change the way the automotive industry works–to change it to a normative electric vehicle standard. Ideally, not having patents would push innovators and create a greater opportunity for advancements to be made. If electric vehicles become more common, Tesla would benefit because owning a Tesla would become more practical with an increase of electric charging stations nationwide. I do not think enough time has passed to understand if this impact has been positive or negative though. Has Tesla been loosing money because other companies can take their technology? Is Tesla advancing above its competitors because now it does not have to publish its technology (by patent law) since it gave away its patents? I think more time could be used to study this to see if it actually improves advancement or hinders advancement.
With regards to patents being granted on software or just restricted to the physical realm, i found some good information in the article, “The Supreme Court doesn’t understand software, and that’s a problem”, as stated:
The problem, at root, is that the courts are confused about the nature of software. The courts have repeatedly said that mathematical algorithms can’t be patented. But many judges also seem to believe that some software is worthy of patent protection. The problem is that “software” and “mathematical algorithm” are two terms for the same thing. Until the courts understand that, the laws regarding software patents are going to be incoherent.
I think it is currently difficult to pinpoint what can be patented, but as inventions continue to become more virtual with the rise in computing capabilities, it is important to protect those that make these inventions. Whether or not traditional patents are the means, I think something should be enacted to provide these protections for the creators of software.
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