No one would seriously disagree with my observation that the patent system has become the single greatest obstacle to innovation faced by entrepreneurs and established companies alike.
Which is ironic, because the only reason the system exists at all is to encourage innovation.
In the U.S., patents have been around since 1790. Many would argue that the existence of this powerful but short-lived monopoly protection (originally only 14 years) given to inventors of novel and useful technology was crucial in America’s transformation from an agricultural to industrial economy.
Unfortunately, in the transformation from industrial to information economy, the system is showing both its age and the poor fit of many of the baubles and ornaments hung on it over the years by Congress and the courts. As I write in Law Eight of The Laws of Disruption, the unique economic properties of information call for a very different kind of incentive system, one that current information law doesn’t provide.
For more, see http://larrydownes.com/horsemen-of-the-patent-apocalypse/