The Case Against Patents - Amazon’s 1-Click “Invention”

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need to patent "twice" logo.

👍︎︎ 1 👤︎︎ u/williamtyrell 📅︎︎ Dec 01 2018 🗫︎ replies
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This video is sponsored by Dashlane. Conveniently store your passwords and get 10% off with the link in the description. In 1997, a guy named Jeffrey Bezos filed US patent 5960411A, “a method for ordering items over the internet”. Here’s what it is: Instead of adding an item to your shopping cart and then clicking buy, you’d just click buy. That’s the whole patent. It’s so comically vague because that’s what makes intellectual property so powerful. The wider the description, the easier it is to enforce. Just listen to this one: “An apparatus for use as a toy by an animal, for example, a dog, to either fetch, carry, or chew. Includes a main section with at least one protrusion extending therefrom that resembles a branch.” That, my friend, is a stick. Both of these are ridiculously broad, but, unfortunately, that’s not uncommon. What is unique about Amazon’s One-Click Patent is that they actually use it. Usually these are filed by Non-Practicing Entities, companies that own intellectual property, but don’t do anything with it. Instead, they make money by suing anyone and everyone. These two graphs tell the story. First, this is the amount of patent-related litigation from normal, practicing companies. Year after year, the number stays pretty much the same. And here are the trolls. Not only are they way more common, but they’ve rapidly increased in just a few years time. And second, roughly 87% of troll lawsuits settle before trial. In other words, patent trolls are very common and very good at what they do. Their strategy is fairly simple: File or buy as many and as broad of patents as possible, and then find people to sue. Both they and the other company know the cost of going to trial - hundreds of thousands, or usually, millions of dollars. So, unless both parties are really confident, they make a deal. The company pays the troll just to leave them alone, who, by the way, now has even more resources to threaten even more lawsuits. You don’t need much intellectual property to see how this is a broken system. But the problem is actually much worse than that. Okay, so, you’ve got the next big idea, a zero-click, mind-reading buy now button. Here’s what you need to know about patents. To get one, your invention must be novel, useful, and non-obvious, ya know, like a buy now button which buys… now. Totally not obvious. Anyway, It also can’t be a law of nature, an abstract idea, or a nuclear bomb. Sorry! I don’t write the rules. They usually last 20 years, and unlike copyright, patents are not automatic. In the United States, you must apply to the Patent and Trademark Office. And so long as your application has a left margin of two and a half centimeters and its capital letters are at least 0.3175 centimeters high, it’ll be reviewed by an examiner… with all the speed of the DMV. The process takes about 2 years, but the office does provide patent-themed Halloween and Valentines Day entertainment while you’re waiting. Seriously. Once your patent is granted, it prevents anyone else from making the same thing without a license. In other words, it’s a two-decade, government-protected monopoly. So, why do they exist? The answer you’ve probably heard is pharmaceuticals. Researching and developing a new drug, is, well, gosh darn expensive. Some say 648 million dollars, others, 2.7 billion. Whatever the number, it’s a lot. Without patents, they say, no company would spend so much when they could just wait for someone else to, and then steal their idea. Someone could jump in and take all the profit from the person actually doing the work. Sound familiar, maybe? So, patents are an incentive. And not just to make things you and I want, but also to explain how they work. Because sharing knowledge is kind of the basis for civilization. This way, when it expires, others can make it at a lower cost. Or, that’s the theory. The issue is, patents aren’t always good explanations. In fact, that’s by design. Because, remember, companies keep them as vague as possible. Technically patents should be so specific that a person with “ordinary skill in the art” could reproduce it, but technically they should also be non-obvious, soo… yeah. The other issue is that patents aren’t the only option. Google’s search algorithm, WD-40, and Coca-Cola all famously chose to just keep their mouths shut. Trade secrets do run the risk of being discovered, but they don’t expire in 20 years and they’re still legally protected. So a smart company asks itself: Can we keep the secret for 20 years? If not, it should get a patent. But otherwise, it’d be better off staying quiet. Because of this, patents may not disclose anything that wouldn’t already be discovered. What isn’t really in question is that they can be a good incentive. Of course companies are more likely to create something if it grants them a monopoly. The question is whether it’s worth it. Because during that monopoly, we all pay a price - the higher cost they can charge with no competition. When your phone costs $100 more, this is annoying. When the World Health Organization estimates ten million lives could’ve been saved with existing medicines and vaccines, it’s downright awful. And then there’s the problem of waste. Patents, like any economic system, are a game. And when you add seven billion players, there are going to be some unintended consequences. The obvious one are the trolls. Their defense is that those who invent something may not be the best people to sell it. Universities, for example. Lots of research, but Marketing, not so much. So, they say, Non-Practicing Entities buy these inventions, from, say, a school, and sell them to those who can use it. But ask those buyers and… they shake their heads. In this survey, 92% of respondents said they added new products or features from the license zero to ten percent of the time. And they “rarely, if ever prompted the development of any new products”. In other words, companies had already invented something and bought the license only to not get sued. Microsoft, for example, takes or took money from HTC, Samsung, and Apple for patents like scheduling meetings on smartphones. Its phone was, to put it politely, a failure, but it still collects profit, and on a feature that nobody hardly uses. You might be thinking “So what?”, Who cares that the world’s richest companies are losing some money? But all these billions of dollars spent on lawsuits is money not spent developing new products or hiring employees. When Google bought Motorola, largely for its patents, it spent 12 and a half billion dollars instead of who knows what. This is what I call Patent Theater, In the same way that so much of airport security is just acting out the motions for little or no benefit, Big companies often file and buy patents not because they actually need them, but because that’s the game they need to play. It’s not about innovation, it’s about not getting sued. Chances are any one phone company will violate another’s patents. But file enough of its own, and it can threaten a countersuit. It’s mutually assured destruction. It might be better if no-one had them, but someone does, so everyone has to. While researching this video, I came across this article titled “The world’s 50 most innovative companies”. It’s just a list of who has the most patents. Of course, number of patents doesn’t really measure innovation, it measures the, well… number of patents. That probably sounds obvious. But, it shouldn’t be. Their purpose is precisely to increase innovation. This should be an accurate list. It’s not because of all the unnecessary waste. Worse, there isn’t really anyone to blame. Examiners have to review half a million applications a year and under pretty stressful circumstances. Mistakes will be made. And companies have to file patents or risk being targeted. There is a solution to all of this, but that’s the topic of the next video. And just as patents protect companies from theft, Today’s sponsor, Dashlane, protects you from the theft of your online accounts. The problem with passwords is that they’re… just plain annoying. And if they aren’t, you’re probably not using a good, strong password. That’s why you need Dashlane, which remembers and generates passwords for you. Your information is kept secure and hey, it’s not annoying. Just this year, Facebook, Under Armour, and British Airways have all had major data breaches. That’s honestly pretty scary. Dashlane encrypts those passwords, scans the dark web to see if they’re being sold by hackers, and has a built-in VPN. It syncs with all your devices, and you can get started for free by clicking the link in the description. Plus, new users get 10% off Premium with promo code “PolyMatter” Thanks to Dashlane for sponsoring this video, and to you for listening.
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Channel: PolyMatter
Views: 548,037
Rating: 4.8952227 out of 5
Keywords: patent, patents, intellectual property, copyright, trademark, tm, amazon, amazon.com, jeff bezos, bezos, own, claim, license, invent, invention
Id: X0uv5jFaJFk
Channel Id: undefined
Length: 9min 59sec (599 seconds)
Published: Fri Nov 23 2018
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