Did you mean "there are no more novel, original ideas"?
Yes, that is what I meant. Nice catch. I wrote the exact wrong thing, and yet you still were able to understand what I meant. I should really slow down when I respond to posts. Thanks.
If so my answer would be (A) Bullshit.
Don't be so hard on yourself. I'm sure your answer has value. heh, just kidding. My answer to that is "prove it." Show me this novel and orginal idea, that is new and not based on what came before, and is not standing on the shoulders of giants.
and (B) So? Then there's no more need for patents.
I don't see how you can legitamately draw that conclusion, certainly not by what you wrote subsequently. Why don't you dumb up your reasoning for me a little bit, if you're so inclined, I would appreciate it (if you're serious).
They were always a social contract of dubious benefit to begin with.
...says someone obviously biased agianst the existence of patents. Certainly there are unncessary patents hurting innovation. But those are the exception. The purpose of patents is not to prevent innovation, but to protect the IP of the patent holder for an extremely reasonable period, in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem and is a product or a process. Without the patent system, an inventor has no incentive to share their invention with anyone, possibly to the extreme detriment of society.
Copyright is not a good way to describe patents... copyright is out of control (Disney, et al., yada yada yada), and the public domain is suffering for it. Not every patent is unncessary, certainly not to the inventor or patent holder who, very often, has a lot invested in their innovation. I don't think you would be perfectly happy slaving over a marketable innovation for the better part of your life only to have me copy the idea, and effectively steal profit from you, the very wind from your sails, the moment you share the innovation or a day after you finally achieve that wonderful goal of tagging it and bringing it to market.
Innovation tends to surge in countries that remove their patent system.
I am not aware of this. Obviously, you must have some specific examples. Please share them so I know what you're talking about, as I'd like to examine these innovation "surges" myself. Because, as it stands, it appears that you just made this up out of thin air because you don't like patents for some reason, and for the life of me, I cannot figure out why.
My point is you can be validly awarded a patent on something that is not original or novel in any way, but it is being applied in a way that original patent did not specifically cover.
*Only* if the invention is also something novel and non-obvious to one skilled in the field. Otherwise it's something that anyone so inclined could be reasonably expected to create given a reason to do so, and the "invention" offers society no benefit to compensate it for granting the inventor government-backed monopoly rights.
I'm nearly certain the US Patent Office is using a broader definition of "novel" and "non-obvious" than you are. And merely creating something new doesn't cut it... one must also understand and document in the patent application what it is exactly and the correct and undeniable mechanisms that permit to function.
Remember, like copyright, patents aren't an expression of some sacred right to exclusivity, they're a limited deprivation of the natural right to mimicry that is granted in order to encourage creators to be more prolific and provide more value to society.
Again, using copyright as an example is not the way to go... because the state of copyright as it stands today is exactly as you describe it as not being, i.e. effectively an "expression of some sacred right to exclusivity" (I like how you phrased that) that apparently goes on and on, long after the author has died and his children have grown old, and the author cannot possibly benefit or suffer any longer for their copyright expiring within a reasonable period, to the detriment of society. And as the rich copyright holder approaches the end of this ridiculously long period, they just pay enough to change the laws, and extend their exclusive rights, and this has happened over and over with copyright. Nothing even remotely like that has happend with patents, nor have patent holders been able to extend the quite reasonable time of granted exclusivity. I'm not certain it is fact, but I think that time period has been reduced on occasion, from 20 years, to 14 years, or whatever that period is now.
If that equation falls out of balance then they no longer justify their existence.
And yet again you have drawn a specious conclusion without sharing any of your reasoning to support such a conclusion.
Look, if you want to argue about software patents (which we haven't even breached the subject of in this thread) being unncessary and innovation-killing monsters, then do so, and I will eagerly and gratefully consider your argument for the effort you put into it. But if you're trying to convince me or anyone that all patents are bad, and that, if I may invoke a poster child of the patent system, the destitute but brilliant Nikola Tesla did not deserve the patent unltimately awarded him for the invention of none other than radio and everything necessary for it, you're going about it the wrong way. Certainly there are wonderful examples of amazing generocity and philanthropy that have occured by individuals sharing ideas and inventions, to societies incalculable benefit, and not seeking exclusivity nor to be compensated in any way whatsoever for their significant work (Archimedes, Leonardo Da Vinci, Benjamin Franklin, Jonas Salk, plenty more I'm sure). But these anacdotal examples do not invalidate all patents nor the patent system (which often necessarily includes disputes settled by an adversarial court system).
Just because Bill Gates gives hundreds of millions of dollars away, and it is a good thing that he does so for a lot of individuals that it must benefit, and further, owe their very lives to, doesn't mean that you or I must also do so. (I can't afford that!) Nor does the innovation-stifling train wreck that resulted from the Wright Brother's patent on flight control, directly setting US aviation back years, invalidate the whole system and all patents. To say so is a fallacious argument. The litigation steming from the Wright Brother's flight control patent ultimately lead to the birth of patent pools, which are a good thing, and help prevent a patent's exclusivity from stifling further development while still compensating the patent holder. And the Wright's patent expired in 1917, less than 14 years after it was granted to them. That doesn't sound unreasonable to me, even if the US really needed that innovation for WWI, because that, relatively speaking of course (I don't want to offend any veterans), is merely an accidental circumstance of history. Patents, if nothing else, are very limited, almost limited to the point that an inventor might not think it even worth it to invent if s/he could only benefit exclusively from it for such a short period... it's right on the border there.
Again, patents are not like copyright, which are a complete disgrace and an insult to rationality, when technically you owe fees for singing "Happy Birthday" to your child once a year. That song was awarded its copyright in 1935, and it doesn't expire until 2030!! There is nothing in the patent system even remotely as absurd as this.
And if I may be so bold, I need the patent system intact, because I am not rich, but at times I think I am clever, and I intent to personally scoop everyone on the patent on these new VR devices and HMDs, because every single developer is rushing into to the endzone without the football. And I won't actually need to physically develop anything because I have an understanding of these devices, that I have never, btw, used nor even seen in person, that these foolish manufactures do not have (and no, I'm not going to share it with you just because you're curious or just because you believe patents are evil). In the same way that a hypothetical patent holder for an invention to make "fire" could have their patent invalidated, because they failed to explain sufficently, or explain correctly or comprehensively, how it works (magic!) would be scooped and lose their patent to a chemist who came along years after the fact by explaing what it actually is and how it actually works. Years after the first patent was awarded for such a device, I will file my patent application, and be awarded my patent, and retroactively invalidate all previous patents because my patent will be comprehensive, complete, and correct, and none of the current manufactuers patents can be... because, as I insinuated and have stated in posts elsewhere, it is obvious they have no idea what they have nor any idea what it really is and what it is going to do for humankind... namely, cause us to literally evolve, likely within our lifetimes. It's not my fault they are fools, (albeit brilliant fools) nor is it my obligation to help make some rich company richer just so some tweener can get their game on.