Are we preventing innovation and creativity with the use of patents and copyright?


Patents

In the world of today the use of patents to protect ones invention is commonly used, although recently the argument implying that by protecting these creations we are actually stopping future innovation and creativity has gathered some support. The challenge being that patents have been efficiently used for many years but when referred to technology the patents are often broad and inaccurate, in other words, they can be applied to a variety of programs of software in which the owner of the patent never thought of but will still own the right to benefit from it. For example one of Apple's patents appears to grant them  'ownership over any application based on a user's location'' meaning that if Apple were to aggressively enforce their patent they could foreclose vast amounts of innovation including programs such as Google Maps or any other app which utilizes a users location.

Moreover this sort of broad definition of patents has lead to an overwhelming number of ''patent-trolls'' which are companies dedicated solely to owning software patents and suing start-up companies which minimally  infringed their ridiculously broad patent. Another example would the abuse suffered by a company helping disabled people finding jobs in California which has recently been sued for using a printer which allegedly uses a set up owned by a small local ''patent-troll' company, the surprising fact, they get away with it, this ''patent-troll'' company was able to receive $1000 for every person who has ever used that printer ever.

Social and Ethical Impacts 

The stakeholders in this situation would be the Companies known as ''patent-trolls'', courts issuing patents, and also innovators which are being affected by broad patents consequently impeding their products to be successful. An advantage of patents is that someones idea and hard work will be theirs for the use and no one else can take credit or use it for their advantage, the biggest disadvantage however is the fact that technology patents are so broad even when no infringement is committed companies and lawyers will phrase it whatever way benefits them in order to obtain their goal. Those responsible for changing this major fault in the system are the U.S Government and something does definitely need to change in order for us to be able to have start up companies, otherwise a major monopoly of established companies will form simply because they'll have the money to buy the patents they desire. Intellectual property keeps growing and just last year 248,000 patents were issued on new technology, with so many restrictions a future of development and experimentation with new technologies is bound to be more challenging than ever, and more expensive too.

http://www.nytimes.com/2012/05/30/business/economy/tech-lawsuits-endanger-innovation.html?_r=0