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	<title>Comments on: Do Patents Slow Down Innovation?</title>
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	<link>http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html</link>
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		<title>By: The Badger</title>
		<link>http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html/comment-page-2#comment-25455</link>
		<dc:creator>The Badger</dc:creator>
		<pubDate>Mon, 22 Mar 2010 12:23:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html#comment-25455</guid>
		<description>So original, Stephen: &quot;their parent&#039;s basement&quot;. How about doing a &quot;knock-out search&quot; for some new rhetorical instruments?

If the behemoths like Microsoft can get stung by patent trolls and companies with extensive patent arsenals, I guess that either their legal people are vastly overpaid or that $1000 ceiling is a bit low by several orders of magnitude. And thanks for the laughable remarks implying that business gets stuff done while the academics fiddle in their ivory towers - if that were so, you wouldn&#039;t have everyone and their dog trying to patent academic discoveries and skim the cream off publicly funded research.

It&#039;s refreshing to see a venture capitalist spell out the deficiencies of patents. Unlike the likes of Stephen, who presumably claim that they&#039;re &quot;pro-capitalism&quot;, I guess actual capitalists don&#039;t need an entire bureaucracy dedicated to corporate welfare to get stuff done &quot;in the real world&quot;.</description>
		<content:encoded><![CDATA[<p>So original, Stephen: &#8220;their parent&#8217;s basement&#8221;. How about doing a &#8220;knock-out search&#8221; for some new rhetorical instruments?</p>
<p>If the behemoths like Microsoft can get stung by patent trolls and companies with extensive patent arsenals, I guess that either their legal people are vastly overpaid or that $1000 ceiling is a bit low by several orders of magnitude. And thanks for the laughable remarks implying that business gets stuff done while the academics fiddle in their ivory towers &#8211; if that were so, you wouldn&#8217;t have everyone and their dog trying to patent academic discoveries and skim the cream off publicly funded research.</p>
<p>It&#8217;s refreshing to see a venture capitalist spell out the deficiencies of patents. Unlike the likes of Stephen, who presumably claim that they&#8217;re &#8220;pro-capitalism&#8221;, I guess actual capitalists don&#8217;t need an entire bureaucracy dedicated to corporate welfare to get stuff done &#8220;in the real world&#8221;.</p>
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		<title>By: Stephen</title>
		<link>http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html/comment-page-2#comment-25058</link>
		<dc:creator>Stephen</dc:creator>
		<pubDate>Wed, 17 Mar 2010 03:12:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html#comment-25058</guid>
		<description>Leave it to academic-types to wonder if what works in the real world works in theory. Two hundred years of world-wide experience demonstrate that rewarding innovations with temporary monopolies (ie&#8211;the profit motive) always results in more innovation. This is also true for software companies. 
 
Without the &#8220;unfair advantage&#8221; of intellectual property, no rational investor would risk their money creating code that could be clean-room copied. 
 
I&#8217;ve heard the cited antidotes before, and, frankly, I think that they are bunk. There are simply too many developed libraries of code that are open-source and documented &amp; vetted for IP issues, as well as too many patent resources available to check for infringement issues (which, is a large part of my patent practice). The USPTO website as well as PatentStorm.us are free. Such belly-aching about it being &#8220;risky&#8221; and &#8220;difficult&#8221; are cop-outs for the lazy, unimaginative, or corrupt. Those that don&#8217;t have the funds to pay for a patent search (a knock-out search, without an opinion can cost under $1000) either don&#8217;t take their business seriously, or need to move out of their parent&#8217;s basement. </description>
		<content:encoded><![CDATA[<p>Leave it to academic-types to wonder if what works in the real world works in theory. Two hundred years of world-wide experience demonstrate that rewarding innovations with temporary monopolies (ie&ndash;the profit motive) always results in more innovation. This is also true for software companies. </p>
<p>Without the &ldquo;unfair advantage&rdquo; of intellectual property, no rational investor would risk their money creating code that could be clean-room copied. </p>
<p>I&rsquo;ve heard the cited antidotes before, and, frankly, I think that they are bunk. There are simply too many developed libraries of code that are open-source and documented &amp; vetted for IP issues, as well as too many patent resources available to check for infringement issues (which, is a large part of my patent practice). The USPTO website as well as PatentStorm.us are free. Such belly-aching about it being &ldquo;risky&rdquo; and &ldquo;difficult&rdquo; are cop-outs for the lazy, unimaginative, or corrupt. Those that don&rsquo;t have the funds to pay for a patent search (a knock-out search, without an opinion can cost under $1000) either don&rsquo;t take their business seriously, or need to move out of their parent&rsquo;s basement.</p>
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		<title>By: Red Hat Stories Liberating Innovation Software Patent Challenges &#124; Patent Law</title>
		<link>http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html/comment-page-2#comment-22975</link>
		<dc:creator>Red Hat Stories Liberating Innovation Software Patent Challenges &#124; Patent Law</dc:creator>
		<pubDate>Fri, 26 Feb 2010 04:49:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html#comment-22975</guid>
		<description>[...] Do Patents Slow Down Innovation? (feld.com)   Related Posts [...]</description>
		<content:encoded><![CDATA[<p>[...] Do Patents Slow Down Innovation? (feld.com)   Related Posts [...]</p>
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		<title>By: Intellectual Monopolies &#171; Stefan&#39;s Tech Blog</title>
		<link>http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html/comment-page-2#comment-22528</link>
		<dc:creator>Intellectual Monopolies &#171; Stefan&#39;s Tech Blog</dc:creator>
		<pubDate>Sun, 21 Feb 2010 13:39:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html#comment-22528</guid>
		<description>[...] [3] The Pharmaceutical Cartel [4] Joseph Stiglitz on Why TRIPS (Patents) is Like Murder [5] Do Patents Slow Down Innovation? [6] Intellectual Ventures [7] It’s Official: Patents Stifle Innovation [8] Red Hat tells [...]</description>
		<content:encoded><![CDATA[<p>[...] [3] The Pharmaceutical Cartel [4] Joseph Stiglitz on Why TRIPS (Patents) is Like Murder [5] Do Patents Slow Down Innovation? [6] Intellectual Ventures [7] It’s Official: Patents Stifle Innovation [8] Red Hat tells [...]</p>
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		<title>By: Griffin Boyce</title>
		<link>http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html/comment-page-2#comment-31977</link>
		<dc:creator>Griffin Boyce</dc:creator>
		<pubDate>Thu, 18 Feb 2010 07:20:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html#comment-31977</guid>
		<description>Pharmaceutical patents seriously impact and restrict the medical field.  I always bring up AndroGel -- a simple testosterone base in a simple alcohol gel.  The concept of AndroGel is older than modern testosterone-replacement therapy, but Solvay has a patent on the 10mg/gm formulation (and no other). 
 
The effects of this is are profound: you&#039;ll pay $250/month (no lie) for AndroGel, but anywhere from $40-$170 for compounded testosterone (depending on markup).  To give a good comparison, people can easily buy a testosterone base for $20/100g (tops).  Add in a small cost for the gel base and you have a recipe for a huge market in illegal steroids, since you have about 30 months of medicine made for under $50. 
 
The nearest (legal) competitor is generic injectible, which costs around $10/week plus syringes.  More guys use it because it&#039;s weekly and costs less, but it requires deep muscle injections which can be really painful to do to yourself. 
 
And the truly sad aspect of this is that it lures in people who really need the medicine.  $250/month is totally unreasonable, and Solvay is seeking an extension because they are making so much money off of people. </description>
		<content:encoded><![CDATA[<p>Pharmaceutical patents seriously impact and restrict the medical field.  I always bring up AndroGel &#8212; a simple testosterone base in a simple alcohol gel.  The concept of AndroGel is older than modern testosterone-replacement therapy, but Solvay has a patent on the 10mg/gm formulation (and no other). </p>
<p>The effects of this is are profound: you&#39;ll pay $250/month (no lie) for AndroGel, but anywhere from $40-$170 for compounded testosterone (depending on markup).  To give a good comparison, people can easily buy a testosterone base for $20/100g (tops).  Add in a small cost for the gel base and you have a recipe for a huge market in illegal steroids, since you have about 30 months of medicine made for under $50. </p>
<p>The nearest (legal) competitor is generic injectible, which costs around $10/week plus syringes.  More guys use it because it&#39;s weekly and costs less, but it requires deep muscle injections which can be really painful to do to yourself. </p>
<p>And the truly sad aspect of this is that it lures in people who really need the medicine.  $250/month is totally unreasonable, and Solvay is seeking an extension because they are making so much money off of people.</p>
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		<title>By: YST</title>
		<link>http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html/comment-page-1#comment-31826</link>
		<dc:creator>YST</dc:creator>
		<pubDate>Wed, 10 Feb 2010 01:02:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html#comment-31826</guid>
		<description>Do patents slow innovation? 
I heard in one country that doesn&#039;t allow pharmaceutical patents (Italy?), there are basically almost no new drugs in that field. It seems like the lack of patents stomped innovation in that field.  </description>
		<content:encoded><![CDATA[<p>Do patents slow innovation?<br />
I heard in one country that doesn&#39;t allow pharmaceutical patents (Italy?), there are basically almost no new drugs in that field. It seems like the lack of patents stomped innovation in that field.</p>
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		<title>By: Patents Roundup: Extortion, Protection Rackets, Patent Trolling, and Small Victory for Mozilla &#124; Boycott Novell</title>
		<link>http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html/comment-page-1#comment-21139</link>
		<dc:creator>Patents Roundup: Extortion, Protection Rackets, Patent Trolling, and Small Victory for Mozilla &#124; Boycott Novell</dc:creator>
		<pubDate>Sun, 07 Feb 2010 12:38:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html#comment-21139</guid>
		<description>[...] Do Patents Slow Down Innovation?  I’m still obsessed with my mission to “abolish software patents” especially after receiving [...]</description>
		<content:encoded><![CDATA[<p>[...] Do Patents Slow Down Innovation?  I’m still obsessed with my mission to “abolish software patents” especially after receiving [...]</p>
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		<title>By: Michael Bernstein</title>
		<link>http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html/comment-page-1#comment-31850</link>
		<dc:creator>Michael Bernstein</dc:creator>
		<pubDate>Fri, 05 Feb 2010 14:39:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html#comment-31850</guid>
		<description>&quot;The purpose of a patent, IMHO, is not to promote innovation, but to protect the innovator.&quot; This is exactly backwards. The only legal justification for &#039;protecting the innovator&#039; ie. granting them a government-enforced time-limited monopoly, is that this will presumably  &quot;promote the progress of science and useful arts&quot;. If that presumption is not true (and we have growing evidence that it is not, in many circumstances), then we need to re-examine patent law. </description>
		<content:encoded><![CDATA[<p>&quot;The purpose of a patent, IMHO, is not to promote innovation, but to protect the innovator.&quot; This is exactly backwards. The only legal justification for &#39;protecting the innovator&#39; ie. granting them a government-enforced time-limited monopoly, is that this will presumably  &quot;promote the progress of science and useful arts&quot;. If that presumption is not true (and we have growing evidence that it is not, in many circumstances), then we need to re-examine patent law.</p>
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		<title>By: Michael Bernstein</title>
		<link>http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html/comment-page-1#comment-31707</link>
		<dc:creator>Michael Bernstein</dc:creator>
		<pubDate>Fri, 05 Feb 2010 13:13:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html#comment-31707</guid>
		<description>TiVo isn&#039;t that good of an example. In order to curry favour with the networks and carriers, they eventually added support for anti-consumer &#039;features&#039; like preventing a show from being recorded, remotely deleting recorded shows, and so on. They&#039;ve also removed features that their customers liked. 
 
Meanwhile, no other DVR upstarts can improve on TiVo&#039;s ideas with pro-consumer features because of TiVo&#039;s patents. Innovation in DVRs has now largely stalled (unless you want to build your own). 
 
Oh, and of course, now Microsoft is suing TiVo. Over violating some ludicrous patents related to &#039;displaying programming information&#039; and &#039;secure purchase and delivery of video content programs&#039;. 
 
Yeah. Software patents in this area have worked out JUST FINE, haven&#039;t they? </description>
		<content:encoded><![CDATA[<p>TiVo isn&#39;t that good of an example. In order to curry favour with the networks and carriers, they eventually added support for anti-consumer &#39;features&#39; like preventing a show from being recorded, remotely deleting recorded shows, and so on. They&#39;ve also removed features that their customers liked. </p>
<p>Meanwhile, no other DVR upstarts can improve on TiVo&#39;s ideas with pro-consumer features because of TiVo&#39;s patents. Innovation in DVRs has now largely stalled (unless you want to build your own). </p>
<p>Oh, and of course, now Microsoft is suing TiVo. Over violating some ludicrous patents related to &#39;displaying programming information&#39; and &#39;secure purchase and delivery of video content programs&#39;. </p>
<p>Yeah. Software patents in this area have worked out JUST FINE, haven&#39;t they?</p>
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		<title>By: bfeld</title>
		<link>http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html/comment-page-1#comment-31574</link>
		<dc:creator>bfeld</dc:creator>
		<pubDate>Wed, 03 Feb 2010 01:37:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.feld.com/wp/archives/2010/01/do-patents-slow-down-innovation.html#comment-31574</guid>
		<description>Agree  with both of the points – limited time duration on patents in areas like  software is a good intermediate solution (if one doesn’t get all the way to  eliminating them).  Equally important is the idea that the patents have to be  used to be legit – no more non-practicing entities, patent trolls, and patent  thickets. </description>
		<content:encoded><![CDATA[<p>Agree  with both of the points – limited time duration on patents in areas like  software is a good intermediate solution (if one doesn’t get all the way to  eliminating them).  Equally important is the idea that the patents have to be  used to be legit – no more non-practicing entities, patent trolls, and patent  thickets.</p>
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