I am not the biggest fan of the patent system, especially when it comes to life science or software patents (the laws are just too archaic). I am a big fan of Glyn Moody’s blog, but I must disagree with him on algorithms. Many algorithms are derivative works, but there are many others that are not just mere calculations, but represent sheer genius or if nothing else the hard work of some really smart people. Do they all need to be protected? Not necessarily, but many deserve to at least be trade secrets, since they do carry a ton of value, and rightfully so.
Technorati Tags: Patents, Algorithms
4 Comments
Thanks for the kind words.
Speaking as a mathematician, I would say that many results, which include algorithmic approaches, are the product of sheer genius, but does that mean they can be patented? I hope most people would say no.
My argument has nothing to do with whether or not algorithms are derivative, but is based on the belief that pure knowledge – and surely, no knowledge is purer than maths (speaking again as a mathematician…) – should not be patentable. Once we start to enclose that commons, we are really in trouble.
Thanks for the kind words.
Speaking as a mathematician, I would say that many results, which include algorithmic approaches, are the product of sheer genius, but does that mean they can be patented? I hope most people would say no.
My argument has nothing to do with whether or not algorithms are derivative, but is based on the belief that pure knowledge – and surely, no knowledge is purer than maths (speaking again as a mathematician…) – should not be patentable. Once we start to enclose that commons, we are really in trouble.
Glyn
Fair point, although we must agree to disagree
. As you can probably guess from the writing in this blog, I do favor the opening of greater knowledge, especially when it comes to data. However, algorithms that allow you to leverage that data are patentable in my opinion as thats where the competitive advantage comes from (I actually prefer trade secrets, but that’s me). Now those should be limited to a few specific cases. Too many algorithms get patented, which is ridiculous.
Glyn
Fair point, although we must agree to disagree
. As you can probably guess from the writing in this blog, I do favor the opening of greater knowledge, especially when it comes to data. However, algorithms that allow you to leverage that data are patentable in my opinion as thats where the competitive advantage comes from (I actually prefer trade secrets, but that's me). Now those should be limited to a few specific cases. Too many algorithms get patented, which is ridiculous.
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