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Ask HN: what if the patent system was decentralized?
2 points by zhyder on April 17, 2010 | hide | past | favorite | 1 comment
The typical example in favor of patents is that of drug discovery: it's expensive to conduct but a drug is trivial to copy once approved. Since the FDA is the govt entity mandating the trials (which is a substantial portion of the time and cost), why not let the FDA itself grant exclusive approvals to drugs for n years? E.g. approve only Lipitor (Pfizer's brand) for 7 years, and then approve Atorvastatin (the chemical).

Other regulated industries could do the same: the regulatory body offers the temporary monopoly to incentivize innovation. Are there any unregulated industries where patents are critical to innovation?



I do not understand the use of the word "decentralized" here. Usually it is defined as "withdrawn from a center or place of concentration; especially having power or function dispersed from a central to local authorities". Are you really proposing a new mechanism? Why is it going to be advantageous? How would it interact with the patent system? What leads you to believe that the US FDA could grant "exclusive approvals" on drugs when the drug industry is worldwide?

The quid pro quo for patents is a short term (17 year) monopoly to the inventor in trade for adequate documentation so that the invention can be generally exploited and used after the monopoly period has passed. Your proposal seems to have a different view of what the role of patents is (or should be).




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