<< Chapter < Page Chapter >> Page >

Criticism of the patent system

The major criticism of the patent system lies in the apparent creation of a monopoly. When an inventor isgranted exclusive economic control of his invention, competition is hindered. As a result, this stifles capitalism and also provides anexpensive but lower quality product.[6]

Secondly, a concept known as the "tragedy of the anticommons" presents a deeper problem in patenting. This theory wasestablished by Michael Heller and Rebecca Eisenberg in a 1998 publication of "Science."[7]In essence, their paper stated that innovations to patented inventions would be hindered due to theadditional costs of respecting royalties from the original patent. As a result, the societal benefits due to innovations of current productswould be inhibited.[8]

Figure 1: First patent issued by United States [10]

History of patents: from ancient greece to nanotechnology

"Before [the adoption of the United States Constitution], any man might instantly use what another had invented; so that the inventor had no special advantage from his owninvention. The patent system changed this; secured to the inventor, for a limited time, the exclusive use of his invention; and therebyadded the fuel of interest to the fire of genius, in the discovery and production of new and useful things."-Abraham Lincoln, Second lectureon discoveries and inventions, February 11, 1859

Patenting has a very lengthy history; this tradition began in a rudimentary form in ancient Greek cities. However, it wasnot until 15th century Venice that patents in today's sense were issued. This Venetian law was defined as the Venetian Statute of 1474and called for an invention's "legal protection against potentialinfringers."[9] Over time, patenting evolved throughout Europe. In theUnited Kingdom, for example, the King or Queen was given the executive power to issue "letters patent" that awarded certain people monopoliesover specific goods or services. Then, in 1790, a revolutionary breakthrough in the patenting process occurred when the United Statesestablished the Patent Commission of the U.S. The first patent (Figure 1) was awarded by this commission in this same year. [11]The most important facet of this patent system was that it recognized by lawthat an inventor had an "intrinsic" right to make money off of his or her discovery. Previously, this right was not intrinsic but ratherindividually given by a monarchal power.[12] Our founding fatherscreated this specific system to allow capitalism, the backbone of America, to flourish. This important distinction in the United Statespatent system is depicted in Article I, Section 8 of the Constitution:

"Congress shall have the power...to promote the progress of science and useful arts by securing for limited times toauthors and inventors the exclusive right to their respective writings and discoveries."

Over time, after several amendments to the original Patent Commission, the United States Patent Office wasofficially created in 1802. From this point, hundreds of thousands of patents were given out over the course of the next two centuries.[13]

Questions & Answers

what does nano mean?
Anassong Reply
nano basically means 10^(-9). nanometer is a unit to measure length.
Bharti
do you think it's worthwhile in the long term to study the effects and possibilities of nanotechnology on viral treatment?
Damian Reply
absolutely yes
Daniel
how to know photocatalytic properties of tio2 nanoparticles...what to do now
Akash Reply
it is a goid question and i want to know the answer as well
Maciej
characteristics of micro business
Abigail
for teaching engĺish at school how nano technology help us
Anassong
Do somebody tell me a best nano engineering book for beginners?
s. Reply
what is fullerene does it is used to make bukky balls
Devang Reply
are you nano engineer ?
s.
fullerene is a bucky ball aka Carbon 60 molecule. It was name by the architect Fuller. He design the geodesic dome. it resembles a soccer ball.
Tarell
what is the actual application of fullerenes nowadays?
Damian
That is a great question Damian. best way to answer that question is to Google it. there are hundreds of applications for buck minister fullerenes, from medical to aerospace. you can also find plenty of research papers that will give you great detail on the potential applications of fullerenes.
Tarell
what is the Synthesis, properties,and applications of carbon nano chemistry
Abhijith Reply
Mostly, they use nano carbon for electronics and for materials to be strengthened.
Virgil
is Bucky paper clear?
CYNTHIA
so some one know about replacing silicon atom with phosphorous in semiconductors device?
s. Reply
Yeah, it is a pain to say the least. You basically have to heat the substarte up to around 1000 degrees celcius then pass phosphene gas over top of it, which is explosive and toxic by the way, under very low pressure.
Harper
Do you know which machine is used to that process?
s.
how to fabricate graphene ink ?
SUYASH Reply
for screen printed electrodes ?
SUYASH
What is lattice structure?
s. Reply
of graphene you mean?
Ebrahim
or in general
Ebrahim
in general
s.
Graphene has a hexagonal structure
tahir
On having this app for quite a bit time, Haven't realised there's a chat room in it.
Cied
what is biological synthesis of nanoparticles
Sanket Reply
what's the easiest and fastest way to the synthesize AgNP?
Damian Reply
China
Cied
types of nano material
abeetha Reply
I start with an easy one. carbon nanotubes woven into a long filament like a string
Porter
many many of nanotubes
Porter
what is the k.e before it land
Yasmin
what is the function of carbon nanotubes?
Cesar
I'm interested in nanotube
Uday
what is nanomaterials​ and their applications of sensors.
Ramkumar Reply
what is nano technology
Sravani Reply
what is system testing?
AMJAD
preparation of nanomaterial
Victor Reply
how to synthesize TiO2 nanoparticles by chemical methods
Zubear
what's the program
Jordan
?
Jordan
what chemical
Jordan
how did you get the value of 2000N.What calculations are needed to arrive at it
Smarajit Reply
Privacy Information Security Software Version 1.1a
Good
Got questions? Join the online conversation and get instant answers!
QuizOver.com Reply

Get the best Algebra and trigonometry course in your pocket!





Source:  OpenStax, Nanotechnology: content and context. OpenStax CNX. May 09, 2007 Download for free at http://cnx.org/content/col10418/1.1
Google Play and the Google Play logo are trademarks of Google Inc.

Notification Switch

Would you like to follow the 'Nanotechnology: content and context' conversation and receive update notifications?

Ask