Societal Views On Patents - Patents and Tragedy of Anticommons

Patents and Tragedy of Anticommons

A theoretical problem with patent rights was discussed by law professors Michael Heller and Rebecca Sue Eisenberg. Based on Heller's theory of the tragedy of the anticommons, the authors, while not disputing role of patents in general in motivating invention and disclosure, argue that biomedical research was one of several key areas where intellectual property rights may become so fragmented that, effectively, no one can take advantage of them as to do so would require an agreement between the owners of all of the fragments. On the other hand, authors weren't sure if the problem they predict, is persistent or transitional (in the latter case, holders of intellectual property rights will find ways to address the problem when it arises, for example, via patent pools). Recently there has been a growing concern among economists and scientists that patents have been shown to retard technical progress and innovation. New fields such as biotechnology or nanotechnology appear to be disproportionally hampered. For example, Ars Technica reports that "there are over 1,600 US patents that mention single-walled carbon nanotubes. Intel has one that covers any with a diameter of less than 50nm; Rice University holds one for any material that is over 99 percent pure nanotube. The nightmare faced by anyone attempting to innovate in that space should be obvious." For a full discussion see the criticisms of intellectual monopoly.