The Purpose of Patents

The Congress shall have Power...To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

Let's look at that again. The purpose of patents and copyrights is "to promote the progress of science and useful arts," and to secure "for limited times to authors and inventors the exclusive right" to writing and discoveries. (Graphic from O'Reilly's excellent policy page)

In other words, if it's not promoting the creation of more, it's not right under the Constitution. And these rights are held "for limited times by authors and inventors."

Do corporations write? Do they really invent?

The time has come to re-focus patent law, and copyright, on the Original Intent of the framers. If it's not aimed at creating more invention, it should not be compensated. If it's not going to the author or inventor, the money should not flow.

• Do patent hoarders -- companies that buy patent rights for the sole purpose of suing people who are actually making use of knowledge -- encourage or discourage the creation of more?
• Should patents be written so broadly as to compensate failed businesses, after they fail?
• Does allowing corporations to hold patents or copyrights (as opposed to writers or inventors) serve any useful purpose under the Constitution?

Maybe it's time we started asking these basic questions, and started stating some basic truths.

There is no such thing as "intellectual property." A song or invention is not land. It's not a building. If a right to ideas does not further the end of creating more, shouldn't those rights be limited?

These are basic questions being asked in the name of open source politics. These are basic questions no politician has yet asked. If a law is not fulfilling its original purpose, change the law.

These are the questions I'm asking. And I hope you do, too.