
Originally Posted by
yotambien
There are three issues I have with your reasoning. The first is that you are talking about patents in general terms without making any distinction between fields. The second is your point about the fact that knowledge builds up upon past concepts. The third is that I don't quite understand your concept of "ideas".
Let's see. Imagine that somebody gets a patent for some chemical process of some sort, let's say to produce some product in an innovative way which offers better yields, avoids the use of some nasty reagents or whatever. The amount of work to do this is huge--certainly worth several years and usually involving at least one PhD or post-doc to do the actual hands-on stuff. The costs in tems of equipment, materials, lab space and grants/salaries are quite big. With this in mind, I don't think it would be fair to let the guys from the company next door implement this work without the original authors being rewarded for their effort. I'm all for University-business links, but not for the siphoning of public money into private hands, but I digress. Perhaps if you imagine an example where the authors of the patent belong to a start-up company you are more likely to agree with me. As I see it, the key point is that patents covering physical things are granted to extremely complex inventions that were only achieved by putting an enourmous amount of work and resources on them. A temporal monopoly for the exploitation of these inventions can actually be an incentive for their production. This is not the case of patenting "touchpad gestures", "one-click pay" or some other nonsense like that.
Next, it's true, although irrelevant, that in order to get to the point where you can patent something, you are using massive amounts of accumulated knowledge. Of course, we all give for granted that we are "resting on the shoulders of giants". This doesn't make new inventions or discoveries any less valuable, ingenious or respect worthy, and again, depending on what they consist and the amount of work needed to produce them it may be on the general interest to grant some temporal protection to their authors. Sure, in the example above, the authors would be using anything from basic chemistry to quantum mechanics to produce their new process. I don't see why this obvious fact changes anything.
Lastly, I don't get your notion of new "ideas" as something somebody can have while having a shower or cooking, as simple concepts that can be readily encapsulated in a couple of sentences and be shown to the world. While there may be something remotely resembling this, I can't think of any example. I believe, instead, that any new "idea" worth a patent is going to be fairly complex, and probably involving not just one "idea" or step, but several of them combined together to generate something valuable. The exception again, of course, being certain software patents, which are simply ridiculous. Perhaps this is just a question of language, I just don't see what is gained by making any distinction between the "original spark" or "idea" and the whole process involved in developing something new that can be commercially exploitable.
Now, irrespective of how much work, time and money was needed to produce, say, a patentable biotech discovery, I do think that the profits of the likes of Monsanto are not above the general well-being of millions of people. If the absence or deliverate infringement of patents in this field means that a lot of private research will be never carried out, then the public is to fund it for the common good. This kind of objection is completely different to the ones against software patents, and putting them on the same level doesn't sound right to me.