Bonum Certa Men Certa

Scholars Michele Boldrin, Juan Correa Allamand, David K. Levine, and Carmine Ornaghi Suggest Abolishing All Patents

Summary: Trade constraints are being compared to patent monopolies, arguing that they impede productivity, creativity, and innovation

OVER at the FFII's mailing lists, Geza found some new papers that summarise recent research work. He says "there's a brief article in the Atlantic, highlighting a working paper by Michele Boldrin and David Levine (Washington University in St. Louis), making the case (based on economic arguments) that our societies and economies would fare best if the patent system would be abolished completely."



The article is good because the key arguments are succinct, enumerated, and well argued. Some central quotes that Geza shares are as follows:

- "The case against patents can be summarized briefly: there is no empirical evidence that they serve to increase innovation and productivity, unless the latter is identified with the number of patents awarded -- which, as evidence shows, has no correlation with measured productivity." (p1)

- "A closer look at the historical and international evidence suggests that while weak patent systems may mildly increase innovation with limited side-effects, strong patent systems retard innovation with many negative side-effects. Both theoretically and empirically, the political economy of government operated patent systems indicates that weak legislation will generally evolve into a strong protection and that the political demand for stronger patent protection comes from old and stagnant industries and firms, not from new and innovative ones. Hence the best solution is to abolish patents entirely through strong constitutional measures and to find other legislative instruments, less open to lobbying and rent-seeking, to foster innovation whenever there is clear evidence that laissez-faire under-supplies it." (p1)

- "In less than thirty years, the flow of patents roughly quadrupled. By contrast, neither innovation nor R&D expenditure have exhibited any particular upwards trend, not to speak of factor productivity." (p6)

- "Abolishing patents may seem “pie-in-the-sky” and there are certainly many interim measures that can be taken to mitigate the damage: properly interpreting obviousness, requiring genuine disclosure of working methods and an independent invention defense against patent infringement are useful and - among economists - relatively uncontroversial measures. But why use a band-aid to staunch a major wound? Economists fought for decades - and ultimately with great success – to abolish trade restrictions. It will not escape the careful reader that patents are very much akin to trade restrictions as they prevent the free entry of competitors in national markets, thereby reducing the growth of productive capacity and slowing down economic growth. The same way that trade restrictions were progressively reduced until reaching (almost complete) abolition, a similar (albeit, hopefully less slow) approach should be adopted to “get rid” of patents." (p21)

The FFII folks found an extended paper. It says:

Because policy proposals are better digested and metabolized when served in the form of small pills, here is our list of small reforms that could be easily implemented.

(1) Stop the rising tide that, since the early 1980s, is both extending the set of “things” that can be patented and shifting the legal and judicial balance more and more in favor of patent’s holders.

(2) Because competition fosters productivity growth, anti-trust and competition policies should be seen as a key tool to foster innovation. This is of particular relevance for high tech sectors, from software to bioengineering, to medical products and pharmaceuticals.

(3) Free trade is a key part of competition policies hence the role that WTO-WIPO-TRIPS play should be redefined to move away from the current neo-mercantilist approach toward free trade in goods and ideas. The aim here should be that of stopping the policy of exporting our intellectual policy laws towards other countries while adopting a policy of exporting free trade and competition in innovation. This seems an urgent goal because, within a couple of decades, the “balance of trade in ideas” between US+EU and Asia may easily reverse. At that point the temptation to engage in “mercantilism of ideas” may well affect the now developing Asian countries, leading to a general increase in IP protection worldwide.

(4) Cross industry variation in the importance of patents suggests we may want to start tailoring patent’s length and breadth to different sectorial needs. Substantial empirical work needs to be done to implement this properly, even if there already exists a vast legal literature pointing in this direction.

(5) Reversing the burden of proof: patents should be allowed only when monopoly power is justified by evidence about fixed costs and actual lack of appropriability. The operational model should be that of “regulated utilities”: patents to be awarded only when strictly needed on economic grounds. This requires reforming the USPO, which is urgently needed in any case.

(6) Prizes and competition. An interesting approach is that of operating to change the role that the NSF and the NIH play in fostering innovation. The basic goal, in this case, is that of reversing the principle according to which federally financed investigation can lead to private patents. As a first step we would advocating going back to the old rule according to which the results of federally subsidized research cannot lead to the creation of new private monopolies but should be available to all market participants. This reform would be particularly useful for the pharmaceutical industry.

(7) With regards to the latter, we advocate reforming pharmaceutical regulation to either treat stage II and III clinical trials as public goods (to be financed by NIH on a competitive basis) or by allowing the commercialization (at regulated prices equal to the economic costs) of drugs that satisfy the FDA requirements for safety even if they do not yet satisfy the current, over-demanding, requisites forproving efficacy. It is ensuring the efficacy—not the safety—of drugs that is most expensive, time consuming and difficult. All the usual mechanisms of ensuring the safety of drugs would remain firmly in place. While pharmaceutical companies would be requested to sell new drugs at “economic cost” until efficacy is proved, they could start selling at market prices after that. In this way, companies would face strong incentives to conduct or fund appropriate efficacy studies where they deem the potential market for such drugs to be large enough to bear the additional costs. At the same time this “progressive” approval system would give cures for rare diseases the fighting chance they currently do not have. This solution would substantially reduce the risks and cost of developing new drugs.

(8) If this progressive approval approach works for rare diseases, there is no reason is should not be adopted across the board. The current system favors a small number of blockbuster drugs that can be sold to millions of patients. The coming revolution in medicine will rely on carefully targeting hundreds or even thousands of drugs to the correct patients. But lawmakers must first usher in a new system that makes developing these precision treatments possible. The regulation reform we are suggesting would be a first important step to achieve such goal.


"Finally," writes a reader, "software patents are a particularly egregious and bad form of intellectual property for a sector where we also have very detailed micro evidence about the role of patents in (not) promoting innovation (see, e.g., Bessen and Meurer 2008 and references therein). The same arguments are likely to apply tobio-engineering and genetic research at large. The goal of policy, in these cases, should be just that of slowly but surely decreasing the strength of intellectual property interventions."

"I find the target of abolishing all patents very appealing," writes Geza. "Let business methods, software, and genetic patents go first, but make sure that we get rid of the whole system in the end.

"I like their way of phrasing the case for abolishing patents as being in favor of "free trade in ideas" and "de-regulating creativity": that's a new angle in the debate that should make it possible to convince some free-trades and market-liberals that supporting the patent system is not consistent with their basic assumptions as it means supporting government interference..."

Finally, people should realise that not only the USPTO is a friend of monopolies and not of the common man, unless he (or she for a woman) is a patent lawyer. Universities help support this strong allegation that can empower society by moving it forward, well past patents.

Recent Techrights' Posts

Dr. Richard Stallman in Ada Lovelace Lecture Series 20 Hours From Now in Lucerne School of Computer Science and Information Technology (Rotkreuz)
Well-connected and affluent corporations want everything to be controlled by them, ranging from culture to words and news
 
Gemini Links 05/03/2026: Industrial Panettone, Cancel, and LLMs
Links for the day
It's Not "AI", IBM is Collapsing Due to Financial Difficulties, "All Small Country Offices Will Close"
IBM is in trouble. Insiders know it.
"AI Companies" Running Out of Money, GAFAM Layoffs Are Signs of Weakness, Not "AI Efficiency" or Novelty
In the past, this term ("AI") had another meaning and connotation
Libel/Defamation Law Does Not Exist to Cover up Crimes
The projection tactics are nothing new
Myanmar/Burma: Growing Acceptance of GNU/Linux, Big Losses for Windows
GNU/Linux has come close to 5% there
Without IBM, Microsoft Would Not Have Taken Off. Both Companies Need to be 'Taken Down'.
Maybe it's time to boycott IBM as well
'Former' Red Hat Staff Upset That Techrights Covers IBM Accounting Problems
Are we touching a sensitive subject at IBM?
Ubuntu is Controlled by a Youngster From the British Army (Background in Mass Surveillance), So One Can Expect Ubuntu to Not Respect Privacy
"Canonical is aware of the legislation and is reviewing it internally with legal counsel"
IBM Hates Computer Freedom. This Means Red Hat Too is an Enemy of Software Freedom.
A summary of Fedora's position when it comes to "attestation"
IBM Union Says Many IBM Layoffs in Europe, With Netherlands and Belgium Confirmed, Allegedly Italy Soon (200 Layoffs)
IBM's demise will harm Red Hat and already harms Red Hat, according to whistleblowers
Microsoft and Microsoft's 'Open' 'AI' Seeking Bailout From the Pentagon Means Brand Erosion
Microsoft and its offshoots growing more and more dependent on military ("defence"; "Department of War") budget
Another EPO Strike a Fortnight From Now, Local Staff Committee Munich (LSCMN) Shares 127-Page Document Explaining How Policies Impact EPO Staff
The Office is circling down the drain
Microsofters' SLAPP Censorship - Part 3 Out of 200: A More In-Depth Breakdown
presents the narrative in a less chronological and more logically coherent fashion
2026 Seems Like (Potentially) the Last Year of Slop Drowning News Sites
Sites that do so perish [...] It's getting hard to find slop in news sites which cover "Linux" because many gave up
Links 05/03/2026: New LexisNexis Data Breach Confirmed, "Goldman Sachs Head During Financial Crisis Says He “Smells” a Similar Crash Coming"
Links for the day
"Silent Layoffs" or "Forever Layoffs" at IBM and Red Hat (After Bluewashing)
Like every day (all day long) we can see people who leave IBM and say something that's based on a 'script'
Free Software Foundation (FSF) and Others Promoting String of RMS Talks, Starting Tomorrow in Lucerne School of Computer Science and Information Technology
Well done, FSF!
Links 05/03/2026: A Bet Against Substack, American Government Openly Hostile Towards Environment
Links for the day
Gemini Links 05/03/2026: Greed and Sentiments Shifting Against Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 04, 2026
IRC logs for Wednesday, March 04, 2026
FSF Promoting Richard M. Stallman (RMS) Talk in Switzerland in Just Over a Day From Now
RMS may have more talks on the way
Why Slop Will Flop - Part IV - We've Seen the End of It
Some years ago they insisted blockchains would revolutionise everything
Android is Proprietary 'Linux' and It Becomes More Malicious Over Time, Google Only Delayed What It Planned All Along
Google is a proprietary software giant, GSoC is only a distraction and confusion
Links 04/03/2026: Scam Altman Causes Chatbot Sub Numbers to Plunge, "Stocks Drop as Inflation Risk Emerges"
Links for the day
Why Slop Will Flop - Part III - Our Relationship With Slop (and Yours)
I never - except inadvertently - "used" an LLM-based chatbot
Why Slop Will Flop - Part II - Devil in the Details
News sites or social control media sites which tolerate slop are digging their own grave
Simpler Means Faster
Do you know your bottlenecks?
Gemini Links 04/03/2026: About a Missing Symbol and "Good Manners"
Links for the day
The Register MS Takes Money From Chinese Surveillance Threat to Promote a Ponzi Scheme
"Sponsored by Huawei."
Nicaragua's GNU/Linux Usage Measured at Over 8% by statCounter
Nicaragua is a poor country, but it also has rich culture
Why Slop Will Flop - Part I - Slop Fatigue Prevalent
See, sooner or later people (audiences of colleagues) find out and as soon as they find out you are slopping, they will lose interest
Microsofters' SLAPP Censorship - Part 2 Out of 200: Detailed Timeline From 2012 (Attack on Reporters That Question Restricted Boot) to 2024 (Lawsuit Against Reporter and His Wife in Another Continent)
we reproduce a document produced 2 years ago to give people more context and more facts
Links 04/03/2026: "The EU moves to kill infinite scrolling" and a call to "Nationalize Amazon"
Links for the day
Coming Soon: Evidence of Abuse in Our IRC Network
IRC's freedom can sometimes be its 'weakness' if not properly guarded
High GNU/Linux Adoption in Brunei Darussalam
It's worth noting (or at least noticing) that Microsoft loses ground in some of the countries where the government contracts paid the most
Media Blackout Reducing or Preventing Press Coverage of Microsoft Layoffs in 2026
Worse yet, there will be gaslighting and deceit
GNU/Linux in Laptops/Desktops Still Matters, It's Likely the Only Way to Achieve Software Freedom
Software Freedom requires all sorts of things at the "OS level"
Gemini Links 04/03/2026: The Garnet Star, The Hunt, The SYN Attacks
Links for the day
The EPO's General Consultative Committee (GCC) Discussion Illuminates How Much Worse Things Have Gotten ("on Strike and Participated in the 'Meeting'")
a videoconference - not a physical meeting - discussed EPO policies
Free Software Foundation Supports Its Founder, Advertises His Talks in Switzerland
When you suppress voices, assuming the reasons for suppression are bunk, it is always bound to backfire very badly
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 03, 2026
IRC logs for Tuesday, March 03, 2026
Over 1,500 EPO Workers Went on Strike Last Week
a new publication which celebrates some accomplishments of industrial actions and calls for further actions
Madame Streisand Wanted to Censor The Web, Instead She 'Created' a New Term, "Streisand Effect"
It is basically an own goal
Solicitors Regulation Authority (SRA) Failed to Detect Fraud in Law Firms... Until It Was Too Late
Earlier today we contacted some more politicians about this and received mail from them as well
Our EPO and IBM Coverage Bears Fruit
In case insiders want to get in touch with us, please ensure or at least try doing so securely
Defending Women Isn't a Crime, Everybody Can Agree on That
Their culture is unlike ours
EPO "Cocaine Communication Manager" - Part VI - Influx of Spaniards and Portuguese Workers (+77%) at Europe's Second-Largest Institution, Led by the 'Alicante Mafia'
There is now data supporting this assertion, new and complete data in fact
Links 03/03/2026: "Scam Altman in Damage Control" and Oil Traffic Disrupted
Links for the day
Gemini Links 03/03/2026: Phones, LLMs, and Changes on the Web
Links for the day
Richard Stallman Confirms Talk in Bern Next Week
Dr. Stallman has just formally confirmed his third talk this month in Switzerland
Nobody is Safe at IBM (or Red Hat)
There is no job security at IBM
GNU/Linux at All-Time High in Guam
there are many computers in that island
Bad faith: Hugo Roy knew FSFE impersonating FSF before French tribunal, colleagues deceived
Reprinted with permission from Daniel Pocock
Microsofters' SLAPP Censorship - Part 1 Out of 200: Claim No. KB-2024-001270 in a Nutshell
abuse of process by a law firm working for an American who was arrested for strangling women and another American whose own spouse calls a "rapist"
When EPO Team Managers (TMs) Are Harassing People Who Strictly Apply the European Patent Convention (EPC) in Patent Examination
There are two strikes planned for this month
Confirmed: Using Slop Gets You Fired
Let the story of Benj Edwards be a cautionary tale
Links 03/03/2026: "No one wants to read your AI slop" and "chatbots in the kill chain"
Links for the day
EPO and "Equivalent to More Than 100 Days of Strike"
The industrial actions continue and already have a positive effect
Streisand Effect, the Microsoft Way
Microsoft has once again proven the Streisand Effect
Keeping Track of IBM Layoffs in March 2026
IBM depends on bribery
GNU/Linux Measured at 7% in Yemen
Windows is too hostile and dangerous
Links 03/03/2026: Security Breaches, Iceland Wants EU Membership, and "Wall Street–Backed Lawmakers Want to Help Banks Gouge You"
Links for the day
Queensland Health Payroll System: IBM billion-dollar-blowout inquiry
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 02, 2026
IRC logs for Monday, March 02, 2026
Gemini Links 03/03/2026: GrapheneOS and Keyboard Shortcuts
Links for the day