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	<title>Comments on: Intellectual Property: Who Needs It?</title>
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	<description>Economics of organizations, strategy, entrepreneurship, innovation, and more</description>
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		<title>By: spostrel</title>
		<link>http://organizationsandmarkets.com/2007/02/15/intellectual-property-who-needs-it/#comment-12883</link>
		<dc:creator><![CDATA[spostrel]]></dc:creator>
		<pubDate>Sat, 17 Feb 2007 10:02:25 +0000</pubDate>
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		<description><![CDATA[In general, the cost of inventing something is a lot higher than the cost of copying. If I find a chemical formula for a substance that does a particular job very well, I might have had to search a vast space of alternatives. But once the formula is known, anyone can synthesize the same substance. It&#039;s hard to discuss a desirable IP regime if such facts of life are ignored.]]></description>
		<content:encoded><![CDATA[<p>In general, the cost of inventing something is a lot higher than the cost of copying. If I find a chemical formula for a substance that does a particular job very well, I might have had to search a vast space of alternatives. But once the formula is known, anyone can synthesize the same substance. It&#8217;s hard to discuss a desirable IP regime if such facts of life are ignored.</p>
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		<title>By: Tim Swanson</title>
		<link>http://organizationsandmarkets.com/2007/02/15/intellectual-property-who-needs-it/#comment-12840</link>
		<dc:creator><![CDATA[Tim Swanson]]></dc:creator>
		<pubDate>Fri, 16 Feb 2007 00:31:06 +0000</pubDate>
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		<description><![CDATA[Speaking of drugs, I am reminded of an &lt;a href=&quot;http://science.slashdot.org/comments.pl?sid=222182&amp;cid=17997714&quot; rel=&quot;nofollow&quot;&gt;interesting comment&lt;/a&gt; at Slashdot (spurred by the Michael Crichton op-ed in the NY Times).&lt;blockquote&gt;Consider this: if you knew of 3 companies making the same new drug, who would you trust more? The company who spent years in clinical trials, showing you that their ingredients is safe, or the 2 companies who attempted to copy said drug through reverse engineering it -- possibly incorporating something unsafe? The same is true with any &quot;invention&quot; that isn&#039;t patented -- you decide what product you need based on the cost and the safety. Sometimes the less expensive product is less safe or less effective, something that isn&#039;t the case.&lt;/blockquote&gt;

And regarding technology in the first place, is an &lt;a href=&quot;http://techdirt.com/articles/20070111/005550.shtml&quot; rel=&quot;nofollow&quot;&gt;interesting question&lt;/a&gt; raised at TechDirt:&lt;blockquote&gt;If it was so expensive to develop the multi-touch technology (which isn&#039;t new at all and similar technology has been &lt;a href=&quot;http://www.ted.com/tedtalks/tedtalksplayer.cfm?key=j_han&quot; rel=&quot;nofollow&quot;&gt;demonstrated publicly&lt;/a&gt; in the past), then how would those other companies be able to just copy it? If it&#039;s so easy to copy, then it shouldn&#039;t have cost that much to develop.&lt;/blockquote&gt;]]></description>
		<content:encoded><![CDATA[<p>Speaking of drugs, I am reminded of an <a href="http://science.slashdot.org/comments.pl?sid=222182&amp;cid=17997714" rel="nofollow">interesting comment</a> at Slashdot (spurred by the Michael Crichton op-ed in the NY Times).<br />
<blockquote>Consider this: if you knew of 3 companies making the same new drug, who would you trust more? The company who spent years in clinical trials, showing you that their ingredients is safe, or the 2 companies who attempted to copy said drug through reverse engineering it &#8212; possibly incorporating something unsafe? The same is true with any &#8220;invention&#8221; that isn&#8217;t patented &#8212; you decide what product you need based on the cost and the safety. Sometimes the less expensive product is less safe or less effective, something that isn&#8217;t the case.</p></blockquote>
<p>And regarding technology in the first place, is an <a href="http://techdirt.com/articles/20070111/005550.shtml" rel="nofollow">interesting question</a> raised at TechDirt:<br />
<blockquote>If it was so expensive to develop the multi-touch technology (which isn&#8217;t new at all and similar technology has been <a href="http://www.ted.com/tedtalks/tedtalksplayer.cfm?key=j_han" rel="nofollow">demonstrated publicly</a> in the past), then how would those other companies be able to just copy it? If it&#8217;s so easy to copy, then it shouldn&#8217;t have cost that much to develop.</p></blockquote>
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		<title>By: Kevin Carson</title>
		<link>http://organizationsandmarkets.com/2007/02/15/intellectual-property-who-needs-it/#comment-12837</link>
		<dc:creator><![CDATA[Kevin Carson]]></dc:creator>
		<pubDate>Thu, 15 Feb 2007 22:39:04 +0000</pubDate>
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		<description><![CDATA[To the extent that innovation is a &quot;shoulders of giants&quot; phenomenon, strong IP is a toll gate that increases the cost of aggreggating the existing technical prerequisites of further innovation.  Arguably, therefore, it hinders innovation as much as it provides incentives for it.

There&#039;s a study online somewhere by F.M. Scherer on the link between patents and innovation.  He found that some 80% or more of product and process innovations would have been made without patents, with competitiveness alone a sufficient motive.  

The one exception he found was drugs--because of the supposed high cost--but I doubt that.  Most of the actual costs of development come from gaming the patent system.  Simply safety-testing a single chemical formula that optimally targets the therapeutic window would require only a fraction of total drug R&amp;D spending.  The added cost comes from doing enough research on related formulas to secure patent lockdown on the entire family of compounds.  And patents also skew a large amount of R&amp;D into the development of &quot;me, too&quot; versions of drugs whose patents are about to expire.]]></description>
		<content:encoded><![CDATA[<p>To the extent that innovation is a &#8220;shoulders of giants&#8221; phenomenon, strong IP is a toll gate that increases the cost of aggreggating the existing technical prerequisites of further innovation.  Arguably, therefore, it hinders innovation as much as it provides incentives for it.</p>
<p>There&#8217;s a study online somewhere by F.M. Scherer on the link between patents and innovation.  He found that some 80% or more of product and process innovations would have been made without patents, with competitiveness alone a sufficient motive.  </p>
<p>The one exception he found was drugs&#8211;because of the supposed high cost&#8211;but I doubt that.  Most of the actual costs of development come from gaming the patent system.  Simply safety-testing a single chemical formula that optimally targets the therapeutic window would require only a fraction of total drug R&amp;D spending.  The added cost comes from doing enough research on related formulas to secure patent lockdown on the entire family of compounds.  And patents also skew a large amount of R&amp;D into the development of &#8220;me, too&#8221; versions of drugs whose patents are about to expire.</p>
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