Lei de patentes na crítica

American law is patent nonsense

By Sebastian Mallaby

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The poster child for patents is the pharmaceuticals industry. But, as Richard Posner, a federal appeals court judge, has argued, what works in this sector is not necessarily appropriate in communications, software or elsewhere. Bringing a new drug to market is inordinately expensive, mainly because of the need for large clinical trials. Monopoly rights over new drugs provide a needed spur to invention. And because trials take as long as a decade, the 20-year exclusivity typically granted can mean only 10 years of monopoly profits.

The technology industry is different. No clinical trials are needed, so costs of development are lower and the case for monopoly weaker.

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