Banning patents fails – need both competition and incentives for innovation
Cayton 20 [Samuel, Adjunct Prof at Seattle Univ School of Law, legal intern at the Media Law Group, “The ‘Green Patent Paradox’ and Fair Use: The Intellectual Property Solution to Fight Climate Change,” Seattle Journal of Technology, Environmental & Innovation Law 11.1, p.237, JCR]
The policy balance around extending fair use to patent law is clear and reflects that of copyright: while there is a strong societal need to break the exclusive control over patented products, the incentives of the inventor should not be diminished.194 This notion holds especially true in the context of green patents because disincentivizing entrepreneurs to further advance green technology is as harmful as a patent holder sitting on the patent rights for that technology. In either scenario, the market will not have an optimal supply of sustainable technology. Therefore, a specialized application of the fair use doctrine can help promote the expansion of green technology while preserving the business interests of patent holders and inventors.