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The idea behind patents is a _sound_ one; it provides incentive to innovate by guaranteeing profits for a certain period of time. Those who don't care about profits can freely give away patents or not bother getting one!

The details are probably up for a fair debate -- 20 years of loyalty that can be trivially extended by trivial process changes (e.g. Pharma companies) is undesirable.

For the argument that someone else can come up with an idea, that is an interesting point. If you can see how something works, it is not that difficult to reverse engineer it. But, in the true spirit of innovation, the innovators should be thinking about _outdoing_ what they see. Merely copying someone else is not innovation. And, that is the case with so many software features: both genuine and trivial ones are considered equal.

If there's a way to hide the secret sauce, people would easily do that (and that was historically done for so many things like the spices etc). The only way to achieving that in modern day is to (i) manufacture each important component by self and (ii) create a product that can't be taken apart. Imagine an Iphone that can't be un-assembled without destroying it. In this context, patents would speed up innovation (see the development of alternative compression algorithms) by allowing to examine the details of current implementation and improve upon it.

Samsung (and others) have been making un-wieldly phones for decades. I wonder why they decided to make "rectangular phones with rounded corners" after runaway success of iPhone.

And, this comes from someone who hasn't owned an iPhone :-)



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