online prescription solutions
online discount medstore
pills online
buy lorazepam without prescription
xanax for sale
buy xanax without prescription
buy ambien without prescription
ambien for sale
buy modafinil without prescription
buy phentermine without prescription
modafinil for sale
phentermine for sale
lorazepam for sale
buy lexotan without prescription
bromazepam for sale
xenical for sale
buy stilnox without prescription
valium for sale
buy prosom without prescription
buy mefenorex without prescription
buy sildenafil citrate without prescription
buy adipex-p without prescription
librium for sale
buy restoril without prescription
buy halazepam without prescription
cephalexin for sale
buy zoloft without prescription
buy renova without prescription
renova for sale
terbinafine for sale
dalmane for sale
buy lormetazepam without prescription
nobrium for sale
buy klonopin without prescription
priligy dapoxetine for sale
buy prednisone without prescription
buy aleram without prescription
buy flomax without prescription
imovane for sale
adipex-p for sale
buy niravam without prescription
seroquel for sale
carisoprodol for sale
buy deltasone without prescription
buy diazepam without prescription
zopiclone for sale
buy imitrex without prescription
testosterone anadoil for sale
buy provigil without prescription
sonata for sale
nimetazepam for sale
buy temazepam without prescription
buy xenical without prescription
buy famvir without prescription
buy seroquel without prescription
rivotril for sale
acyclovir for sale
loprazolam for sale
buy nimetazepam without prescription
buy prozac without prescription
mogadon for sale
viagra for sale
buy valium without prescription
lamisil for sale
camazepam for sale
zithromax for sale
buy clobazam without prescription
buy diflucan without prescription
modalert for sale
diflucan for sale
buy alertec without prescription
buy zyban without prescription
buy serax without prescription
buy medazepam without prescription
buy imovane without prescription
mefenorex for sale
lormetazepam for sale
prednisone for sale
ativan for sale
buy alprazolam without prescription
buy camazepam without prescription
buy nobrium without prescription
mazindol for sale
buy mazindol without prescription
buy mogadon without prescription
buy terbinafine without prescription
diazepam for sale
buy topamax without prescription
cialis for sale
buy tafil-xanor without prescription
buy librium without prescription
buy zithromax without prescription
retin-a for sale
buy lunesta without prescription
serax for sale
restoril for sale
stilnox for sale
lamotrigine for sale

Patents and the Regress of Useful Arts

by Dr. Andrew W. Torrance & Dr. Bill Tomlinson

10 Colum. Sci. & Tech. L. Rev. 130 (2009) (Published May 15, 2009)

Abstract

Patent systems are often justified by an assumption that innovation will be spurred by the prospect of patent protection, leading to the accrual of greater societal benefits than would be possible under non-patent systems. However, little empirical evidence exists to support this assumption. One way to test the hypothesis that a patent system promotes innovation is to simulate the behavior of inventors and competitors experimentally under conditions approximating patent and non-patent systems. Employing a multi-user interactive simulation of patent and non-patent (commons and open source) systems (―PatentSim‖), this study compares rates of innovation, productivity, and societal utility. PatentSim uses an abstracted and cumulative model of the invention process, a database of potential innovations, an interactive interface that allows users to invent, patent, or open source these innovations, and a network over which users may interact with one another to license, assign, buy, infringe, and enforce patents. Data generated thus far using PatentSim suggest that a system combining patent and open source protection for inventions (that is, similar to modern patent systems) generates significantly lower rates of innovation (p<0.05), productivity (p<0.001), and societal utility (p<0.002) than does a commons system. These data also indicate that there is no statistical difference in innovation, productivity, or societal utility between a pure patent system and a system combining patent and open source protection. The results of this study are inconsistent with the orthodox justification for patent systems. However, they do accord well with evidence from the increasingly important field of user and open innovation. Simulation games of the patent system could even provide a more effective means of fulfilling the Constitutional mandate “to promote the Progress of . . . useful Arts” than does the orthodox assumption that technological innovation can be encouraged through the prospect of patent protection.

About the Author

Dr. Andrew W. Torrance is an Associate Professor at the University of Kansas School of Law and a Research Associate at the Biodiversity Institute at the University of Kansas. Dr. Torrance received his Ph.D. in biology from Harvard University and his J.D. from Harvard Law School.

Dr. Bill Tomlinson is an Assistant Professor in the Informatics Department of the Bren School of Information and Computer Sciences at the University of California, Irvine. Dr. Tomlinson received his Ph.D. in media arts and sciences from The Media Lab at the Massachusetts Institute of Technology.

Important Note

For proper legal citation of this document, please cite to the following URL: http://www.stlr.org/cite.cgi?volume=10&article=3. The URL that currently appears in your browser’s location toolbar is incorrect. For more information on Bluebook citation of internet sources, click here.

View in PDF

  • http://www.stephankinsella.com/2009/07/02/yet-another-study-finds-patents-do-not-encourage-innovation/ Yet Another Study Finds Patents Do Not Encourage Innovation

    [...] study is: Patents and the Regress of Useful Arts, by Dr. Andrew W. Torrance & Dr. Bill Tomlinson, Colum. Sci. & Tech. L. Rev. 10 (2009): 130 [...]

  • http://philipsion.wordpress.com/2010/01/19/les-brevets-sont-ils-anticonstitutionnels/ Les brevets sont-ils anticonstitutionnels ? « L'Homme au centre

    [...] C’est ce que laisserait à penser une récente étude de 2 chercheurs Américains intitulée « Patent and the Regress of … useful Arts » (le système de brevet et la régression des « Arts utiles ») : http://www.stlr.org/volumes/volume-x-2008-2009/torrance/ [...]

  • http://gigaom.com/2010/09/28/apple-and-oracle-must-let-developers-have-their-say/ Apple and Oracle Must Let Developers Have Their Say: Tech News «

    [...] on intellectual property in the interest of fostering it, but with the opposite effect. As numerous studies attest, patents and other intellectual property tools have slowed innovation, not accelerated it. [...]

  • http://anichaos.com/1/2010/09/28/apple-and-oracle-must-let-developers-have-their-say/ Apple and Oracle Must Let Developers Have Their Say | AniChaos.com

    [...] on intellectual property in the interest of fostering it, but with the opposite effect. As numerous studies attest, patents and other intellectual property tools have slowed innovation, not accelerated it. [...]

  • http://www.facebook.com/profile.php?id=648731418 Sebastian Beastmode

    This is interesting work. 

    Anyone that questions the utility of the patent monopoly ought to investigate Stephan Kinsella’s work: 

    http://c4sif.org/

    “Against Intellectual Property”

    http://mises.org/journals/jls/15_2/15_2_1.pdf

blog comments powered by Disqus