Global solutions fail

Let’s not mince words here. This is code for the US needs to change its patent laws and become like the rest of the world, which is an extraordinarily bad idea with extreme consequences.

I have never been a fan of harmonization, and undoubtedly many will take what I say with a grain of salt. That is fine, and to be expected. The reality, however, is when it comes to patent harmonization the debate is always about how the United States can, should and/or must change its patent laws to become more like the rest of the world. There is never any discussion about whether what the rest of the world is doing makes any logical sense, rather only that the US is different and needs to come into line. Whether you like me, whether you agree with me and whether you are a fan of harmonization or not, everyone must realize that change for the sake of change, change to just become like others and for no other logical reason, is asinine! What every parent knows inherently — just because your friends do it doesn’t mean you should do it — is simply ignored and treated as if it is irrational when debating international policy and harmonization. If you do not understand that logic and reason must play a role in the debate then you are a part of the problem and the rest of us need to be the solution.

Lack of logic and rational thought simply cannot be tolerated when such change would cripple (harm) the US economy and lay waste to our way of life. If we are going to have a debate about what global patent law should be then bring it on and lets talk openly and honestly. The Europeans by and large have no interest in such a debate because they simply want us to capitulate and do what they do. Why in the name of all that is sane would we ever want to be like Europe? A loose confederation of states that claim to have one body of harmonized laws that are interpreted differently in each member country? Is that what we should aspire to? Of course not. We also should not aspire to losing high tech industry that needs to be based on intellectual property rights either. It should not come as a shock to anyone that, for example, the pharmaceutical industry is the strongest where the intellectual property laws are the strongest, and that is NOT Europe. Even as pharmaceutical companies in India become stronger and a larger part of that economy the laws are changing, which will only continue because growing countries actually understand that they need to protect their industries if they are going to grow, something that Europe either never knew or has long since forgotten.

Once again, let’s not mince words. We do already have a global patent system and global harmonization of patent laws. The United States patent law and patent system is the default standard because everyone wants a US patent. Does anyone actually get a patent in France? Does anyone actually get a patent in Spain? Does anyone want a patent in Columbia? I couldn’t tell you because the market in those places, and virtually everywhere outside the US is so small it would be crazy in most instances to even file a patent application in those and about 125 other countries. The reality is that if we want a global patent system all we need to do is negotiate with the British and the Japanese and we are practically there. Add South Korea and Germany and as far as I can tell the relevant innovation community is almost completely represented.

Allow me to also recognize that what Microsoft wants is to kill software patents so that they cease to be punished for infringing patents owned by substantially smaller businesses who had the audacity to invent first and seek a patent. How dare they! Really, what where these companies thinking? Didn’t they get the memo that Microsoft and their tech giant brethren are not to be questioned and certainly not to be sued. That is what this is all about, at least from this side of the pond.