From epa98@doc.ic.ac.uk  Sat Oct  7 19:53:08 2000
Date: Sat, 7 Oct 2000 20:53:08 +0100 (BST)
From: Edward Avis epa98@doc.ic.ac.uk
Subject: [Patents] Patent system run for consumers or producers?

>>You might be surprised that, ...non-free software companies, internet
>>startups, design studios, etc.
>
>I'm not surprised: these companies are consumers of software, and when
>you take in consideration only consumer interests, you agree with this
>petition. 

But the patent system is supposed to be run for the benefit of consumers
rather than producers.  Any monopoly granted is justified because
(a) the invention will be disclosed and free to use after twenty years,
and (b) the monopoly profits for a limited period are an incentive to
develop new inventions.  The increased number of inventions, and the
publishing of things that would otherwise be kept secret, are what
consumers get in return for giving up the right to freely use a
new technology for a limited period.

The benefits and exclusion rights granted by the patent system to
producers are justified only because they benefit consumers in the long
run.  The patent system is not a monopoly purchase scheme run for the
benefit of patentholding companies.

If the patent system really were designed to give help to producers for
its own sake (or to maximize revenues for patent offices), we wouldn't
have patent expiry after twenty years, and there wouldn't be
restrictions on patentability.  Those limits to the patent system are
not some kind of weakness that needs remedying, they are there because
it is economically useful to make the system work like that.  Useful for 
consumers, not producers.

Surely the fact that producers in any market would benefit from a
proposed government action is not good enough reason to carry out that
action.  Coal mining companies would benefit from higher coal
subsidies.  Inefficient manufacturers in a particular country would
benefit from protectionism.  Railway companies would benefit if a man
had to walk in front of all automobiles waving a red flag.

Why should we consider patent monopolies on abstract mathematical
methods and algorithms on any grounds other than this: would they  
benefit software consumers?

-- 
Ed Avis
epa98@doc.ic.ac.uk





