Patent Exchange Furthers the Founding Fathers’ Intent (Part 2 of 4)

The patent exchange furthers the Founding Fathers’ intent.  In the following posts, I would like to demonstrate that (1) the Founding Fathers’ intended for the Patent Clause (Article 1, Section 8, Clause 8) to promote creation on inventions; (2) creation on inventions adds the most value to society; (3) traditional monetization means does not promote creation on inventions; and (4) the patent exchange will promote creation and, hence, further the Founding Fathers’ vision of the Patent Clause.

In this post, I will be discussing (2) how creation on inventions adds value to society.

What adds more value to society: the Apple iPhone or the patent application describing the Apple iPhone?

Of course, the iPhone itself adds more value.  The iPhone facilitates communication, collaboration, and productivity.

But doesn’t the iPhone patent add value?  Doesn’t it add to the market place of ideas, further enriching the knowledge base of society?  If someone reads the patent it sparks an idea for a next generation product, isn’t that a value add?

Yes and no—the value derived from the patent is potential value—this value is realized when someone actually creates the next generation product.

Put another way, to the extent the patent enables the inventor to create, or sparks the idea for the next person to create the next-generation product, the end value add is the same—creation on the idea or some derivative thereof.

The point: creation on inventions adds value to society, not just the patent itself.

As such, the patent system, including monetization schemes surrounding patents, should promote creation on inventions.

To reiterate, the patent system should be designed and engineered to promote creation.


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