patents

As noted on Marginal Revolution, in Launching the Innovation Renaissance, erstwhile quasi-Austro-libertarian fellow traveler Alex Tabarrok has a new book out in the intriguing TED Books imprint, entitled Launching the Innovation Renaissance (Amzn link, B&N for Nook, also iTunes). The description of the book says:

How can we increase innovation? I look at patents, prizes, education, immigration, regulation, trade and other levers of innovation policy.

Tabarrok is presented as some radical or maverick, bravely challenging the modern horror of statism and patent. But he is not really against patents. In the book he says:

Patents, innovation prizes, patent buyouts and advance market all have their place. The key is to match problems to institutions.

So patents “have their place.” The patent system should be reformed, but it has its place! Of course patent reform is both unrealistic, and not a solution, any more than tax reform is needed. The only real tax reform is to lower the rates, not to shuffle things around and move from one type of tax to another. Likewise, the most meaningful IP reform, short of abolition, is to reduce the length of the term: patents, from 17, down to a shorter amount like 5 years; copyright, from over 100 years, to, say, 10 or 20. (See my post How to Improve Patent, Copyright, and Trademark Law.)

As for the “prizes,” in his new ebook he highlights private prizes like the X-Prize but downplays the fact that he thinks taxpayers should fund these prizes. But this is the idea. As I have noted previously, Tabarrok is in favor of a taxpayer-funded “medical innovation prize fund”–starting at “$80 billion per year, and increas[ing] with the growth in GDP“. Similar proposals include those by faux free marketeers Joseph Stiglitz and Forbes.com. (Update: I’ve read more of the book now; he doesn’t downplay the taxpayer-funded aspect of the prize system he (and socialist Bernie Sanders) advocates. He is explicit about it in the book.)

Of course, medical innovations are only a small slice of the space of technologies allegedly promoted by patent law (there are electronics, lasers, chemicals, data processing, pharmaceuticals, and so on; there are over 400 classes in the PTO’s classification system, and each class is divided into numerous subclasses). So if you extend this tax funded innovation prize idea, and replace all patents for all technology areas with tax funded prizes, you’d have to advocate $2 trillion to $20 trillion a year in taxes to stimulate the “right” amount of innovation. Or maybe more. Hurrah for “free market” “solutions” to our “problems.” What the hell, let’s be “bold” and make it $100 trillion of tax funded innovation prizes per year to create a utopia on earth by 2013! Or maybe a quadrillion dollars!

Sorry, did I say “replace”? As patents have their “place,” these prizes would not even replace the patent system, but supplement it. Injury upon injury! In this, I am reminded if calls for “replacing” the current income tax with a VAT or national sales tax. Of course, in practice this amounts to a call for adding a new sales tax on top of the current income tax, since the state will never give up the latter. Likewise, Tabarrok’s call for a taxpayer funded prize system would not result in this replacing the patent system, but being added on top of it, making things even worse. [Keep reading…]

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This image is patented by Google, not being evil

I was reading about the cool Mark Twain Google doodle here and was surprised to find that Google had actually managed to obtain a patent related to the idea of using homepage doodles. The inventor is Google’s co-founder Sergey Brin; the patent application was filed back in April 2001 but not granted as a patent until March 2011. The patent’s title is “Systems and methods for enticing users to access a web site” (PTO version; Google versionwith PDF). The abstract and claim 1 are below:

Abstract: A system provides a periodically changing story line and/or a special event company logo to entice users to access a web page. For the story line, the system may receive objects that tell a story according to the story line and successively provide the objects on the web page for predetermined or random amounts of time. For the special event company logo, the system may modify a standard company logo for a special event to create a special event logo, associate one or more search terms with the special event logo, and upload the special event logo to the web page. The system may then receive a user selection of the special event logo and provide search results relating to the special event.

Claim 1. A non-transitory computer-readable medium that stores instructions executable by one or more processors to perform a method for attracting users to a web page, comprising: instructions for creating a special event logo by modifying a standard company logo for a special event, where the instructions for creating the special event logo includes instructions for modifying the standard company logo with one or more animated images; instructions for associating a link or search results with the special event logo, the link identifying a document relating to the special event, the search results relating to the special event; instructions for uploading the special event logo to the web page; instructions for receiving a user selection of the special event logo; and instructions for providing the document relating to the special event or the search results relating to the special event based on the user selection.

This got me curious as to what other patents Brin might have obtained. Here they are (sigh):

18,037,065Full-TextInformation extraction from a database
28,024,326Full-TextMethods and systems for improving a search ranking using related queries
38,009,141Full-TextSeeing with your hand
47,912,915Full-TextSystems and methods for enticing users to access a web site
57,650,330Full-TextInformation extraction from a database
67,505,964Full-TextMethods and systems for improving a search ranking using related queries
77,366,668Full-TextVoice interface for a search engine
87,136,854Full-TextMethods and apparatus for providing search results in response to an ambiguous search query
97,027,987Full-TextVoice interface for a search engine
106,865,575Full-Text Methods and apparatus for using a modified index to provide search results in response to an ambiguous search query
116,678,681Full-Text Information extraction from a database
126,529,903Full-Text Methods and apparatus for using a modified index to provide search results in response to an ambiguous search query
136,185,559Full-Text Method and apparatus for dynamically counting large itemsets

Another search reveals 925 patents owned by Google (the thousands of patents acquired from Motorola Mobility are evidently not yet assigned to Google in the PTO database so don’t show up here), plus a bunch of pending patent applications.

You can’t really blame Google for playing the patent game and trying to build up a defensive patent portfolio. Still, asserting this patent against innocent companies would surely violate the company mottoDon’t be evil“.

[c4sif]

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As discussed on Tech News Today #377, the European Commission has decided to open an investigation into the patent wars  between Apple and Samsung. According to EU Competition Commissioner Joaquin Almunia, “Apple and Samsung is only one case where IP rights can be used as an instrument to restrict competition.”

Since patents are aimed at limiting “unbridled competition” of a free market, this should come as no surprise. As I have discussed elsewhere, the state is schizophrenic. It grants monopolies aimed at limiting competition (patents and copyright), and then penalizes companies for using (“abusing”) them, in contravention of state antitrust law–so that there is a “tension” between these state laws. Here’s an idea: get rid of both antitrust and patent law.

[c4sif]

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Mimi & Eunice: Patented Emotions

by Nina Paley October 22, 2011

Update: Meir alerts us it’s been translated into Hebrew:

. . . → Read More: Patented Emotions

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Blinded by Science

by Isaac Bergman November 29, 2010

Geoffrey recently warned of the perils of centralized innovation. In contradistinction to that very warning, I came across this footnote (chapter 14, footnote 3) in Friedrich A. Hayek’s famous ‘The Road to Serfdom‘: The case of the alleged suppression of useful patents is more complicated and cannot be adequately discussed in a note; but the [...]

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Mimi & Eunice: Viral Patent

by Nina Paley October 30, 2010

[...] . . . → Read More: Viral Patent

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Mimi & Eunice: Patent

by Nina Paley August 1, 2010

This is a syndicated post, which originally appeared at Mimi and Eunice » IP. View original post.

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