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Letter: Patently bad

Published 5 March 2014

From Edward Syperek

I found David Cooper’s article on changes to European patent law illuminating (15 February, p 32). A question arises that I have never had a good answer to: if the aim is to foster invention, why do patents grant a monopoly, rather than an obligatory licensing fee so that others can use a newly patented idea or invention? If others could legally use an invention and then improve it as they saw fit, that would spawn many more breakthroughs than is likely from a single organisation that is often preoccupied with defending its patent.

What’s more, a small organisation with a great idea has a better chance of getting royalties from Megacorp for using their idea than of being able to prevent Megacorp from stealing it. I believe this approach has been used in the urgencies of wartime and worked out well. Deciding what would be a fair royalty could be tricky, but compromises here should be easier to adjudicate than the black and white of granting a monopoly.
Toronto, Canada

Issue no. 2959 published 8 March 2014

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