Another Anti-Patent Myth Debunked: The Selden Automobile Patent
There is a myth by the anti-patent crowd that “overly broad” patents inhibit the development of new technologies. One of the classic examples they like to cite is the Selden Patent (US Pat. No. 549,160), which supposedly inhibited the development of the automobile around the turn of the century. A new paper ‘The “Overly-broad” Selden patent, Henry Ford and Development in the Early US Automobile Industry’ By John Howells and Ron D. Katznelson, shows that in fact the automotive industry prospered and inventiveness accelerated despite the Selden patent.
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If force is to be applied to patents and copyrights, the period time should be as short as possible for payment for the time of developing the ideas involved and then let the market decide as to the real value of the idea by whether it is saleable for long periods of time and whether others can use the ideas better.
Otherwise, the patent holder simply stands on their ability to have a government granted monopoly for an arbitrary 20 years and innovation is stifled.
You are simply trying to defend the idea that only the "first" person to think of something gets a monopoly granted by the government. What about other people who thought of it independently? Why should they be prevented from enjoying the fruits of THEIR OWN inventions?
Your tactics are exactly the same as those of Global Warming prophets.
This is not to deny that intellectual-property law has been used to stifle innovation; it often is. But the auto industry doesn't contain very many examples of the practice. The computer industry does, both in hardware and software, and you can see them at techdirt.com on a weekly basis.
Once again you last statement shows a complete lack of understanding of the empirical data. The U.S. had the strong patent system and had the automotive industry. Those countries without patent systems were not even close to the US, so unless you mean it would have been better if this one patent had not existed your statement is nonsense
There is no monolithic “anti-patent crowd”. Any particular individual who opposes patents may or may not be part of a “group” or a “movement”. Any particular individual who opposes patents may or may not lie. Any particular individual who opposes patents may or may not cite the Selden patent as evidence for his or her belief.
I agree with you that “. . . the automotive industry prospered and inventiveness accelerated despite the Selden patent.” Nevertheless, even though the eventual outcome was favorable for Ford, significant time and resources were expended by Ford, ALAM and the courts in asserting, defending against and adjudicating the infringement claim. The automotive industry might have prospered to a greater extent if this claim had never been brought.