5. Patents nuke follow-on innovation, which spurs disruption.

One source suggests reasons that certain fields demonstrate increased creativity in the aggregate from the minimal assertion of intellectual property rights.116 Citing the early development of the software industry, Professors Bessen and Maskin argue that the industries that benefit most from this circumstance experience technological growth in a manner characterized by two essential features. 117 The first feature is that the development of products is sequential, meaning that each successive invention builds on the preceding one; and second development is complementary, meaning that each potential innovator creates a differentiated approach to the product's design.118 In such instances, they conclude, "[i]mitation becomes a spur to innovation, whereas strong patents become an impediment."119 These scholars make a compelling case. Still, nearly all forms of technological fields are characterized by sequential innovation and differentiated product development.120 The results from the experiment may prove to be more profound, with implications for all technological fields. It is not clear whether the software industry's development is characterized by alternative features, such as low barriers to entry or a short development cycle, that when unimpeded by patents allows for quick growth. Data gathered from an anti-patent program could be used to identify such features.