Thomas Jefferson on Patents
cdixon.org
cdixon.org
Interestingly, Thomas Jefferson ended up being the first patent examiner of the United States. The first U.S. patent law said that the secretary of state (Jefferson at the time) was to take a lead role in examining patents. Jefferson was a notoriously difficult examiner and granted very few patents.
For more details: http://www.monticello.org/site/research-and-collections/pate...
--snip--
[Jefferson] rejected a natural rights theory in intellectual property rights and clearly recognized the social and economic rationale of the patent system. The patent monopoly was not designed to secure to the inventor his natural right in his discoveries. Rather, it was a reward, an inducement, to bring forth new knowledge.
The grant of an exclusive right to an invention was the creation of society -- at odds with the inherent free nature of disclosed ideas -- and was not to be freely given. Only inventions and discoveries which furthered human knowledge, and were new and useful, justified the special inducement of a limited private monopoly.
Jefferson did not believe in granting patents for small details, obvious improvements, or frivolous devices. His writings evidence his insistence upon a high level of patentability.
--snip--
(Extra paragraphing added.)
The Court noted that Jefferson clearly recognized the difficulty of "drawing a line between the things which are worth to the public the embarrassment of an exclusive patent, and those which are not."
These Jeffersonian views have been part of the underpinnings of U.S. patent policy for decades.
[1] 383 U.S. 1 (1966), available at http://supreme.justia.com/us/383/1/case.html
The truth is, that's all more-or-less off-topic. The reason we have copyright and a patent system is very simple: they're optimizations to make society better at producing more new stuff. The big question is, do they work? Another valid question is, even if society creates more new stuff under a patent system, is it worth it considering the other problems a patent system has?
Any optimization will sacrifice one thing for another. Perhaps a better approach would be to revisit our assumptions. Why do we assume that efficiency should trump freedom? Why do we assume that everyone will agree with the efficiency-is-king way of thinking? Why do we not consider the effects of our philosophy? We have smartphones and laptops now, but by forcing everyone to specialise they only gain happiness in the 'ignorance is bliss' understanding of it.
The simple answer is "no." There is no evidence that any patent or copyright monopoly has led to greater production of knowledge and culture. These laws are optimized for control, not for the expansion of knowledge.
yet somehow people keep repeating this.. He is also right that copyright came out of the desire to censor people. Patents are a relic from the time when state monopoly power was granted to many more things than just inventions.
http://movingtofreedom.org/2006/08/31/ben-franklin-on-patent...
Jefferson might well have thought so, but it's very far from being self-evident. The Industrial Revolution happened mainly (albeit not exclusively) in England.
"During the period of Watt's patents the United Kingdom added about 750 horsepower of steam engines per year. In the thirty years following Watt's patents, additional horsepower was added at a rate of more than 4,000 per year."
* Would Watt and his investor have built steam engines without the patent?
* Did the patent enable Watt to create a market which otherwise did not exists?
To argue that patents were overall beneficial, one has to argue that without the patent, steam engines would not have become popular, and for that two things would have had to be true: 1. Watt would not build engines and 2. Nobody else would build them either. There is an argument that nobody else would have built them because there was no market, and only Watt's patent allowed them to create the market. Except that to believe that, one has to ignore the fact that a) England was undergoing the industrial revolution in all aspects (not just steam engines) and b) there was a huge need for industrial power removed from water wheels. Watt did not invent the steam engine. He invented an improvement, simultaneously along with many others. But only he had the clout to get the government to enforce his patent.So its not hard to say "whether overall the English patent system facilitated that process": it most certainly did not facilitate that process, and the "temporary roadblocks" you describe were demonstrably the only effect, and a negative one.
To argue "the english had the most dramatic industrial revolution and the english had a patent system, therefore the patent system caused the industrial revolution" is to ignore the political, economic and scientific history of the country.
Edit: this bit is my opinion: England's supremacy is entirely due to its separation from the catholic church: it generated a need for military supremacy and at the same time freed the minds of thinkers to be scientific. Do you think Cambridge scholars had to worry about being locked up by the inquisition like Galileo?
It should also be said that Watt's patent was an exception: his connections to power allowed his patent to be extended for 24 years by parliament. However the "regular" patent system impeded Watt. He had to use the inefficient sun and planet gear instead of a crank because Pickard had patented it. Pickard patented the crank: a device we have evidence of from 5BC. Watt used his less efficient gear system until the patent expired, and then immediately switched. Pickard had offered to license the crank in exchange for the condenser, but Watt spent a year inventing his gears instead.
Fact: a number of significant improvements were made to steam engines by people other than Watt.
Fact: the patent system prevented anyone but Watt from selling steam engines because he had a patent for the condenser, without which all other inventions were pointless.
Fact: Watt did not license any of these improvements, nor allow anyone to license his patent, nor make any further improvements of his own.
Fact: only when Watt's patent expired were these technologies incorporated into products (and immediately so).
Fact: Steam engine technology was stopped for 22 years by the patent system.
The numbers are not in question. The question is, "without patents, would any of the inventions have happened at all?" Watt basically bankrupted himself developing the condenser to the extent that he took a job for a couple of years. It then got investment in exchange for a share of the patent. Would anyone have invested in his idea without patent protection? I do not have any proof one way or the other, only evidence that thousands of businesses are started every year without support of a patent.
The issue is of great concern to HN readers: we make a living through our intellectual property. Watt made a ton of money because he could patent his idea. Without patent protection, he would have had to compete in manufacturing, service, or rapid innovation. With patent protection, he could have one good idea and hit the jackpot. Although I may personally like the idea of making a million off an idea, I believe that the world is better served by allowing ideas to be unpatentable, and instead requiring competition in execution.
It might be selfish but I'm arguing against software patents I prefer not to get bogged down in the question of patents generally. And especially the moral and ethical frameworks that they may or may not make sense in (like positive and negative rights etc). They just don't make sense for software.
We have more tools to search for a better way that is equitable to all. If only we had a majority of politicians that could engage in more intellectual discourse and not legislate between campaigning and serving constituents and corporate interests before the people.
The point is not: they are not natural therefore they are wrong. It is: they are not natural, therefore they are not simply, automatically right -- they can have only a practical justification.
The question is whether more progress occurs under the current patent system than would without it (or under an altered system). Are inventors more likely to be properly rewarded for their inventions, thereby motivating them to invent? And does the value of this motivated invention outweigh the value of allowing everyone the ability to freely build on others' inventions?
It is certainly a tricky question to answer, but you can look at the problems faced by countries that don't have strong patent enforcement to get an idea of what would happen if we scrapped the system entirely.
It does seem to me that the situation has gotten out of hand, with completely obvious inventions (especially in the software field) being granted patents, but that doesn't mean that doing away with the entire system is the answer - which your argument here seems to imply.
So, be cautious in quoting the wisdom of the founding fathers. They were by no means infallible, though selective quoting of their vast writing might lead one to believe that they were.
Of course the War of 1812 didn't cause the industrialization of America, it was just one huge reason an economy based almost completely on agriculture wasn't going to work for us.
Instead, he wanted every citizen to be required to do military service, as the swiss and israelis do. He believed that if every US citizen had military training, we would have wiped the floor with the canadians in 1812. I agree.
They purely being the crappy politicians. I had some better way to word this in my head.
I've read articles of about that length from about 20 people of that century, his is the hardest to read, sort of double-speak.