Strengthening patent protection causes over-enforcement and diverts resources from R&D
Charles Duan, 2019 -Technology and Innovation Director at the R Street Institute, where his research focuses on intellectual property issues. “U.S. PATENTS AND COMPETITIVENESS WITH CHINA” R Street, February, https://www.rstreet.org/wp-content/uploads/2019/02/Final-Short-No.-671.pdf //DH
As temporary monopolies that suppress competition, patents are an important part of innovation but must be used in appropriate measures. Failing to do so undermines the rate of American innovation for at least two reasons. First, increasing patent rights encourages companies to put resources into patent disputes rather than research and development. Patent licensing can be an incredibly lucrative business for lawyers but it does not engage scientists and engineers to innovate. Obviously some level of patent protection is necessary to preserve the value of R&D investments but scaling up protection too far can make rent-seeking more valuable than research.20 And second, U.S. patents are not solely owned by U.S. firms. A rapidly growing number of patents in the United States are held by Chinese companies.21 If patents become too powerful an enforcement tool, they could ultimately be turned into weapons against American companies, further stymieing domestic innovation and giving a leg up to foreign competitors.