Comment by bbor
6 hours ago
The whole point of a patent is encouraging progress through disclosure of knowledge.
Is it, though? It seems like the purpose of a patent is pretty direct: make money for people(/corporations...) who invent things.
I guess you could argue that inventors would hide their designs without patents, but that's not how any industry I'm familiar with works; if they thought that obscurity was an option, they'd stick with it and just label it a trade secret!
Yes, that is the purpose. It incentives R&D by providing a sanctioned monopoly on the result. The trade in return is that the public domain gets access to the trade secret after enough time has passed to provide the inventor with reward for their investment risk.
The problem is the time has been repeatedly extended across the world to the point that society gets very little from this arrangement.
At this point we're better off removing the concept of IP entirely.
The original idea was "we protect the invention so the companies have guarantee that their investment in the innovation pays off".
The assumption was the invention was something rare and hard, not something you could re-recrate from scratch in a week or evening (in case of software invention) or that patent is only filled to cast a wide net to block the competition
Modern patent law came from 15th century Venice, where in the 13th century the glassmaker’s guild took trade secrecy so seriously that they decided that any glassworker who left the city without permission was to be hunted down and killed if imprisoning their family didn’t convince them to return.
Obscurity makes no sense on a world with patents.
Obscurity is otherwise known as "trade secret". It's used when the company really doesn't want to give anyone even a hint of what and how it's doing things, maybe going as far as assuming nobody can figure out the process independently either, so filing for a patent is out of the question. The Coca Cola formulation is a famous example.
Unless you don’t think anyone will ever figure out how you do something.
> It offers a bargain between society and inventor:for a limited period of exclusivity, the inventor agrees to make the invention public rather than to keep it secret.
https://en.wikipedia.org/wiki/Patent
In today's world patents are mostly dysfunctional, or straight malignant. They tend to slow, discourage progress and selectively aid large corporation who can afford the legal warfare. They have become also less informative, more vague, so really the bargain with the collective is off now.